Ishwar Chand vs State Through Union Territory, ...
2023 Latest Caselaw 14841 P&H

                         CRM-M No.40118 of 2023 (O&M)                         2023:PHHC:114585



                                    IN THE HIGH COURT OF PUNJAB AND HARYANA
                                                 AT CHANDIGARH

                         210
                                                          CRM-M No.40118 of 2023 (O&M)
                                                DATE OF DECISION: 01st SEPTEMBER, 2023


                         Ishwar Chand

                                                                                       .... Petitioner
                                                       Versus
                         State through Union Territory, Chandigarh
                                                                                     .... Respondent


                         CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT


                         Present :     Ms. Sumanjit Kaur, Advocate and
                                       Mr. Arshdeep Singh Cheema, Advocate,
                                       for the petitioner.

                                       Ms. Vasundhara Dalal Anand, Addl. P.P. for U.T.
                                       Chandigarh.

                                                          ****

                         RAJBIR SEHRAWAT, J. (Oral)

1. The present petition has been filed by the petitioner under

Section 439 Cr.P.C for grant of bail pending trial in case FIR No.385

dated 13.12.2019 registered under Sections 420, 467, 468, 471, 120-B

IPC (Section 201 IPC added lateron), at Police Station Central Sector-17,

U.T. Chandigarh.

2. It is submitted by the counsel for the petitioner that the case

against the petitioner is totally concocted and fabricated. The petitioner is

not involved in the crime at all. Even as per the story of the prosecution,

petitioner is alleged to have issued fake bills in lieu of 5% commission of

GST refunds claimed by the various traders through these bills. The

petitioner is not alleged to have got any benefit directly from the GST SANDEEP GROVER 2023.09.01 14:58 I attest to the accuracy and integrity of this order/judgment. -1-

CRM-M No.40118 of 2023 (O&M) 2023:PHHC:114585

department or any other government department in the transactions.

Petitioner is in custody since 03.12.2022 and he is not required for any

further investigation. Hence, the petitioner deserves to be released on bail

pending trial.

3. On the other hand, learned counsel for the UT, Chandigarh,

being instructed by Inspector Shiv Charan, submits that the petitioner is

involved in a heinous crime. She further submits that petitioner is part of

the group of the fraudsters, who managed to grab a huge amount on

account of GST refunds. It is further submitted by the counsel that the

petitioner is involved in one more case of similar nature. However, it is

not disputed that the petitioner is in custody since 03.12.2022 and that the

petitioner is not required for any further investigation.

4. In view the above, but without expressing any further

opinion on the merits of the case, the present petition is allowed. The

petitioner is ordered to be released on bail pending trial subject to his

furnishing bail bonds/surety to the satisfaction of the Trial Court/Duty

Magistrate, concerned.

                         01st SEPTEMBER, 2023                           (RAJBIR SEHRAWAT)
                         'sandeep'                                            JUDGE


                                    Whether speaking/reasoned:          Yes          No
                                    Whether Reportable:                 Yes          No




SANDEEP GROVER
2023.09.01 14:58
I attest to the accuracy and
integrity of this order/judgment.                                -2-