Rajasthan High Court - Jodhpur
Gaurav Maheshwari vs State Of Rajasthan on 1 March, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2896/2021
Gaurav Maheshwari S/o Sampat Lal Maheshwari, Aged About 31
Years, B/c Maheshwari, R/o C-71, Shanker Nagar, Pal Road,
Jodhpur. (Presently Lodged At Central Jail, Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Anand Purohit, Sr. Advocate
assisted by Mr. Himanshu Purohit
For Respondent(s) : Mr. Farzand Ali, AAG - GA
Mr. Vikram Sharma, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
01/03/2021
Heard learned counsel for the parties and perused the
material available on record.
Learned counsel for the petitioner has submitted that the
allegation against the petitioner of creating bogus firms and
companies for the purpose of fraudulently creating and issuing
GST invoices without any sale/purchase and actual movement of
goods is absolutely false. It is argued that the petitioner has not
created any bogus firms and companies and all the transactions
done by him are as per law. Learned counsel for the petitioner has
further submitted that the petitioner is in judicial custody since
long and charge-sheet has been filed for the offences which are
triable by Magistrate, therefore, the petitioner may be enlarged on
bail.
Per contra, Mr. Farzand Ali, AAG and Mr. Vikram Sharma
learned Public Prosecutor have vehemently opposed the bail
(2 of 2) [CRLMB-2896/2021]
application and submitted that the complainant in this case was
the servant of the petitioner and the petitioner after obtaining his
pan card, driving license and other documents had created bogus
firm and generated bogus bills and GST invoices without any
sale/purchase and actual movement of goods. It is also submitted
that similar type of several other cases have already been filed
against the petitioner and in all those cases charge-sheet has
been filed. Learned Public Prosecutor has further submitted that
the conduct of the petitioner is highly objectionable as in one of
the FIRs he produced a fake order of this Court restraining the
Police to take any action against him. It is informed that in the
said case FIR has been lodged in which charge-sheet has been
filed against the petitioner. Mr. Farzand Ali, AAG has, therefore,
submitted that the petitioner while on bail in some of the cases
has misused the liberty of the bail by producing a forged and fake
order of this Court, hence, looking to the conduct of the petitioner,
he is not entitled to be enlarged on bail.
Having heard learned counsel for the parties and after going
through the material available on record, without expressing any
opinion on the merits of the case, I am not inclined to grant bail to
the petitioner.
Accordingly this bail application preferred on behalf of the
petitioner under Section 439 Cr.P.C. is dismissed.
(VIJAY BISHNOI),J
100-akash/-
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