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. 2895/2021
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 Pp
----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.
(2 of 3) [CRLMB-2895/2021]
Per contra, Mr. Farzand Ali, AAG and learned Public
Prosecutor have vehemently opposed the bail application and
submitted that the complainant in this case is a small shopkeeper
whose shop is situated near to the shop of the father of the
petitioner. The petitioner on the pretext of providing personal loan
and of providing him benefit of CC limit from registered bank has
collected the documents of the complainant and thereafter has got
registered bogus firms/companies in his name and has also
created forged GST invoices without any sale/purchase and actual
movement of goods. It is also submitted that the complainant who
is a poor small shopkeeper is being cheated by the petitioner. It is
also submitted that several other cases of similar type have also
been filed against the petitioner and in all those cases charge-
sheets have 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 forged
by him restraining the Police to take any action against him. It is
informed that in the said case FIR was lodged and 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 forged by him, 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.
(3 of 3) [CRLMB-2895/2021]
Accordingly this bail application preferred on behalf of the
petitioner under Section 439 Cr.P.C. is dismissed.
(VIJAY BISHNOI),J
99-akash/-
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