Bail Petition of Sh. Rajesh Arora : Rajasthan High Court

Keeping in view the order passed by Hon’ble Supreme Court in the case of Sandeep Goyal, it is ordered that in case investigation is not completed within three months from 17.04.2020, petitioner be released on bail by the trial court, subject to its satisfaction.

Petitioner has filed this petition seeking regular bail for offences under Sections 132(1)(B), (C), (D), (F), (I), (L) of the Central Goods and Services Tax Act, 2017.

Learned counsel for the petitioner has submitted that petitioner is in custody since 03.08.2018. Maximum period of sentence that can be awarded in the present case is five years.

Learned counsel for the respondent has opposed the petition and has submitted that bail petition filed by similarly situated co-accused Sandeep Goyal was dismissed by this Court vide order dated 05.02.2020. Hon’ble Apex Court in the case of Co-accused Sandeep Goyal (Petition for Special Leave to Appeal (Crl.) No. 1803/2020) has not granted bail to him and vide order dated 17.04.2020 has directed that investigation be completed within a period of three months from that day and in case investigation is not completed within three months, then the petitioner therein be released on bail by the trial court by imposing appropriate terms and conditions.

Keeping in view the above order dated 17.04.2020 passed by the Hon’ble Supreme Court, it is ordered that in case investigation is not completed in terms of aforesaid order passed by the Hon’ble Supreme Court, i.e., within three months from 17.04.2020, petitioner be released on bail by the trial court, subject to its satisfaction.

It is further ordered that in case investigation is completed within three moths from the date of the order passed by the Hon’ble Supreme Court, i.e., 17.04.2020, it would be open for the petitioner to move the trial court for bail. In case, any such application is filed by the petitioner, the same be disposed of by the trial court on merits in accordance with law.

Petition stands disposed of accordingly.

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