Rajasthan High Court
Gagan Sharma S/O Sh. Ganpat Lal ... vs State Of Rajasthan on 26 July, 2022
Bench: Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 10227/2022
Gagan Sharma S/o Sh. Ganpat Lal Sharma, Aged About 31
Years, R/o 89, 90, 91 S/f Private Flat No. 14 Block B, Nanhe
Park, Uttam Nagar, Delhi (At Present In Judicial Custody And
Confined In Central Jail, Jaipur, Since 15.6.2022)
----Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Union Of India, Office Of Director General Of Goods And
Services Tax Intelligence, Jaipur Zonal Unit, Jaipur
Through Special Public Prosecutor
----Respondents
For Petitioner(s) : Mr. V. R. Bajwa, Senior Adv. with
Mr. Daksh Pareek, Adv.
Mr. Pradeep Jain, Adv.
Mr. Manish Parmar, Adv.
Mr. Arjun Singh, Adv.
For Respondent(s) : Mr. Kinshuk Jain, Senior Standing
Counsel
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
26/07/2022
1. The present bail application has been filed under Section 439
Cr.P.C. arising out of Complaint/F. No.DGGI/INT/INTL/668/2022/
-Gr-A-O/o ADG-DGGI-ZU-JAIPUR; Registered at Directorate
General Of Goods and Services Tax Intelligence, Jaipur Zonal
Office, Jaipur relating to offence punishable under Sections 132
(1) of Central Goods and Services Tax Act, 2017.
2. Learned counsel for the petitioner submits that the petitioner
has been falsely implicated in this case. He is behind the bars for
more than 40 days. Learned counsel for the petitioner further
(2 of 5) [CRLMB-10227/2022]
submits that the offence against the petitioner is compoundable
and he had deposited the amount of Rs.1,61,68,425/-(One Crore
Sixty One Lacs Sixty Eight Thousand Four Hundred Twenty Five).
Learned counsel for the petitioner also submits that maximum
punishment in this case is 5 years. Learned counsel for the
petitioner further submits that similarly situated co-accused Kamal
Chand Bothra was enlarged on bail by this Court and conclusion of
trial may take long time. So, the petitioner be enlarged on bail.
3. Learned counsel for the petitioner has placed reliance upon
the following judgments: (1) Satender Kumar Antil Vs. Central
Bureau Of Investigation & Anr. reported in 2022 Live Law
(SC) 577 and (2) Ketan Suresh Pawar & Anr. Vs. Yuvraj
Sandeepan Sawant & Anr. reported in 2019 (9) SC 56.
4. Learned Senior Standing Counsel for the respondent has
opposed the arguments advanced by learned counsel for the
petitioner and submitted that the petitioner is Kingpin in this case.
He has given his machine to co-accused Kamal Chand Bothra for
manufacturing of cigarettes. Learned Senior Standing Counsel also
submits that the Economic offences are serious threat to the
national economy. Learned Senior Standing Counsel also
submitted that the petitioner is a habitual offender. Investigation
is still going on and charge-sheet has not been filed against the
petitioner.
4. Learned Senior Standing Counsel for the respondent has
placed reliance upon the following judgments: (1) Mahender
Mangal Vs. Union Of India in S.B. Criminal Miscellaneous
Bail Application No.13041/2021; (2) Lalit Goyal Vs. Union
Of India in S.B. Criminal Miscellaneous Bail Application No.
13042/2021; (3) Raj Kumar Sharma Vs. Union Of India in
(3 of 5) [CRLMB-10227/2022]
S.B. Criminal Miscellaneous Bail Application No.
11339/2021; (4) Rishiraj Swami Vs. Union Of India in S.B.
Criminal Miscellaneous Bail Application No.11286/2021;
(5) Anil Kumar Vs. Union Of India in S.B. Criminal
Miscellaneous Bail Application No.10608/2021; (6)
Abhishek Singal Vs. Union Of India in S.B. Criminal
Miscellaneous Bail Application No. 6304/2021; (7)
Ramchandra Vishnoi Vs. Union Of India in S.B. Criminal
Miscellaneous Bail Application No.13104/2021; (8)
Vinaykant Ameta Vs. Union Of India in S.B. Criminal
Miscellaneous Bail Application No. 18243/2021; (9) Ashok
Kumar Sihotiya Vs. Union Of India in S.B. Criminal
Miscellaneous Bail Application No. 9808/2021;(10)
Mahendra Saini Vs. State Of Rajasthan in S.B. Criminal
Miscellaneous Bail Application No. 7564/2021; (11) Sumit
Dutta Vs. Union Of India in S.B. Criminal Miscellaneous Bail
Application No.5371/2021;(12) Nimmagadda Prasad Vs.
CBI reported in (2013) 7 SCC 466; (13) Rajesh Goyal Vs.
Union Of India in S.B. Criminal Miscellaneous Bail
Application No.726/2011; (14) Ram Narain Popli Vs. CBI
reported in 2003(1) SCR 119; (15) Serious Fraud
Investigation Office Vs. Nittin Johari and Anr. In Criminal
Appeal No.1381/2019 decided on 12.09.2019; (16) P. V.
Ramana Reddy Vs. Union Of India & Ors. In SLP (Crl)
No.4430/2019 decided on 27.05.2019; (17) P. V. Raman
Reddy Vs. Union Of India in Writ Petition No.4764/2019
and other connected cases decided on 18.04.2019 by
Telegna High Court; (18) State Of Gujarat Vs. Mohanlal
Jitamalji Porwal reported in (1987) 2 SCC 364; (19) Himani
(4 of 5) [CRLMB-10227/2022]
Munjal Vs. Union Of India in S.B. Criminal Miscellaneous
Bail Application No. 10350/2018; (20) Mukat Behari
Sharma Vs. Union Of India in S.B. Criminal Miscellaneous
Bail Application No. 1238/2019; (21) Smt. Amal Mubarak
Salim Al Reiyami Vs. Union Of India in S.B. Criminal
Miscellaneous Bail Application No. 1870/2015 decided on
26.03.2015; (22) Prasanta Kumar Sarkar Vs. Ashis
Chatterjee & Anr. In Criminal Appeal No.2086/2010
decided on 29.10.2010; (23) Bharat Raj Punj Vs.
Commissioner Of Central Goods and Service Tax in S.B.
Criminal Writ No.76/2019 decided on 12.03.2019; (24)
Suresh Sharma Vs. State Of Rajasthan in S.B. Criminal
Miscellaneous Bail Application No.7225/2014 decided on
26.06.2014 (25) Syed Mohammad Zama Vs. State Of
Rajasthan in S.B. Criminal Miscellaneous Bail Application
No. 11193/2014 decided on 05.01.2015; (26) Sohan Singh
Vs. Union Of India In S. B. Criminal Miscellaneous Bail
Application No.2555/a2022 decided on 24.03.2022; (27)
C. B. Chauhan Vs. Union Of India in S. B. Criminal
Miscellaneous Bail Application No.2556/2022 decided on
24.03.2022;(28) Vikas Goel Vs. CGST Gurugram in S. B.
Criminal Petition No.45649/2018 decided on 13.12.2018;
(29) Mehul Kheria Vs. Commissioner, CGST and Central
Excise in S. B. Criminal Miscellaneous Bail Application
No.7932/2019 decided on 26.02.2019; (30) Jagdish Kanani
Vs. CGST in S. B. Criminal Miscellaneous Bail Application
No.3472/2019 decided on 26.02.2019; (31) Jatindar Manro
Vs. DGGI in S. B. Criminal Miscellaneous Bail Application
No.36714/2018 decided on 27.08.2019 and (32) Sandeep
(5 of 5) [CRLMB-10227/2022]
Goyal, Rajesh Arora Vs. Union Of India in S. B. Criminal
Miscellaneous Bail Application No.1405/2019 decided on
27.02.2019.
5. Considering the contentions put-forth by the counsel for the
petitioner and taking into account the facts and circumstances of
the case and without expressing any opinion on the merits of the
case, this court deems it just and proper to enlarge the petitioner
on bail.
6. Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is ordered that the accused-petitioner Gagan
Sharma S/o Sh. Ganpat Lal Sharma shall be enlarged on bail
provided he furnishes a personal bond in the sum of Rs.50,000/-
with two sureties of Rs.25,000/- each to the satisfaction of the
learned trial Judge for his appearance before the court concerned
on all the dates of hearing as and when called upon to do so.
(NARENDRA SINGH DHADDHA),J
Gourav/137
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