Criminal Procedure Code, 1973
Section 439—Regular bail—Case registered under Sections 132(1)(b) and (1) of Central Goods and Service Tax Act—Allegation that applicant in connivance with other individually indicted accused persons had allegedly issued GST invoices without supply of the goods to the buyers on commission basis causing loss of rupees thirty three crores and odd to the government exchequer—No doubt the applicant is involved in an economic offence of considerable magnitude and gravity—But only on the ground of seriousness of offence, the applicant-accused cannot be deprived of his legitimate right to be released on bail pending trial—Fact that the Commissioner is empowered to recover the due amount and propose for abating the proceedings and as the trial will take its own time to conclude, it is fit case to exercise discretion in favour of the applicant—Bail granted.
[Paras 7 to 11]