Pre-Trial Incarceration Not Substitute for Punishment: Punjab & Haryana HC Grants Bail to Accused in ₹48.6 Lakh GST Cement Supply Fraud Case [Read Order]
The Court considered Nature of Allegations, Petitioner’s Antecedents and likely Duration of Trial in order to reach a Conclusion
The Punjab & Haryana High Court has granted regular bail to an accused in an alleged cement supply GST (Goods and d Services Tax) fraud involving ₹48,60,500, observing that the investigation in the matter now stands completed and further custodial interrogation is unnecessary.
The FIR, registered as No. 127 dated 10.06.2025 at Police Station City Sunam, District Sangrur, was lodged against petitioner, Sahil Goyal, under Sections 318(4), 336(2), 340(2) and 336 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
According to the complainant, Ravipal Singh, Sahil Goyal and a co-accused had approached him in December 2024 offering cement at project rates. The complainant allegedly paid ₹48,60,500 through a series of cheques issued to Goyal Traders between 31.12.2024 and 25.01.2025, against which 16,270 bags of ACC cement were to be supplied. However, only 700 bags were delivered.
The prosecution further alleged that the petitioner fabricated fake bills in the name of Agarwal & Company using the same GST number as Goyal Traders, thereby cheating the complainant. He was arrested on 16.07.2025, and the police have since presented the challan.
Counsel for the petitioner argued that Goyal had been falsely implicated, had clean antecedents, and had remained in custody for a considerable period. It was submitted that the dispute was largely civil in nature and rested primarily on documentary evidence, making prolonged detention unnecessary, particularly when the trial is expected to take time. The State opposed the plea, asserting that the accusations were serious and that bail ought not to be granted.
After considering the submissions, Justice Manisha Batra, in his order, observed that the allegations, though serious, were supported by documentary material and that the challan had already been filed.
Since Goyal was no longer required for investigation and given that pre-trial incarceration cannot substitute post-conviction punishment, the Court found no justification for his continued detention. The Court also considered the nature of the allegations, the petitioner’s antecedents and the likely duration of the trial.
Justice Batra accordingly allowed the petition and ordered that Sahil Goyal be released on regular bail upon furnishing personal and surety bonds to the satisfaction of the Trial Court or Duty Magistrate. The Court clarified that the observations made in the bail order were limited to the adjudication of the bail plea and would not influence the merits of the case during trial.Support our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates
