The Supreme Court has granted the bail to the accused involved in GST ITC fraud by looking at the custody period.
The court stated that the offence carries a maximum punishment of five years of imprisonment and the period of custody already undergone.
The court, while disposing of the special leave petition, did not consider it appropriate to keep the petitioner languishing in jail any further.
The court directed that the petitioner shall be released on bail, subject to such terms and conditions as may be imposed by the Trial Court.
Facts
The petitioner has been denied bail in connection with a complaint registered against him for offences punishable under Section 132(1)(b), (c), (f), (j) and (l) of the Central Goods and Services Tax Act 2017. The allegation is that the petitioner has set up certain fake firms and is involved in a fraud relating to payment of input tax.
The petitioner was arrested on 2 November 2023 and has been in custody for nearly nine months.
Case Name : Ashutosh Garg V/S Union Of India
Judicial Level & Location : Supreme Court
Case Number : Special Leave to Appeal (Crl.) No(s).8740/2024
Date of Ruling : 26-07-2024
Ruling in favour of: Petitioner
Coram: The Chief Justice Dhananjaya Yeshwant Chandrachud, Justice J.B. Pardiwala, Justice Manoj Misra
Petitioner Advocate: Talwant Singh
Respondent Advocate: Vikramjit Banerjee