Vishnu Kumar Saw vs State Of Jharkhand & Anr

The petitioner has been made an accused for the offence registered under Sections 406, 420, 467, 468, 471, 120B of the IPC and Sections 132

(1)b/132(1)/c/132(1)e of Jharkhand GST Act.

It appears that the petitioner had earlier moved before this Court for granting regular bail in B.A. No.62/19, which was rejected vide order dated

10.04.2019 passed by this Court. Hence, this bail application has been filed.

Pursuant to issuance of notice O.P.No.2 appeared and filed a counter affidavit.

Learned counsel for the petitioners has submitted that the petitioner is innocent and not committed any offence whatsoever alleged in the FIR. It is

further submitted that the petitioner is in custody since 24.09.2018. Learned counsel for the petitioner further submitted that the co-accused namely,

Moti Sah and Rajesh Saw have been admitted bail in B.A. No.2278/19 & B.A.No.2613/19 respectively by a Coordinate Bench.

Further, learned counsel for the petitioner while placing the bail application referring the Section 134 of Jharkhand Goods and Services Tax Act, 2017

which contemplates Cognizance of offences which reads as under:-

Cognizance of Offence. -No court shall take cognizance of any offence punishable under this act or the rules made thereunder except

with the previous sanction of the Commissioner, and no court inferior to that of a Magistrate of the First Class, shall try any such offence.

It was submitted that in terms of Sections 134, sanction for prosecution under Section 132 of the GST Act is to be given by the Commissioner, but in

the instant case no sanction has been given by the Commissioner. Further referred to Section 69 of the act which gives Commissioner power to arrest

and also referred to Section 137 offences committed by the Companies.

Learned APP has opposed the prayer for bail of the petitioner.

Under order dated 25.11.2019 Status Report was called for, has been received submitted by J.M.,1st Class, Deoghar, which reveals that Charge has

been framed on 02.05.2019. Number of witnesses cited in final form is 06, but till date not a single witness has been examined. Expected date of

conclusion of trial is within six months.

In the facts and circumstances of the case and also in view of the period of detention, I am inclined to enlarge the petitioner on bail. Accordingly,

petitioner is directed to be released on bail on furnishing bail bond of Rs.30,000/- (Thirty thousands) with two sureties of the like amount each to the

satisfaction of the learned Judicial Magistrate, Deoghar in connection with Deoghar (Town) P.S. case No. 351 of 2018, corresponding to G.R.

No.955/2018 and subject to the further conditions are as follows:-

(i) Petitioner is directed to give an undertaking through his Parvikar that he will remain physically present before the trial court as and when his

presence is required and will cooperate in trial, failing which the trial court is at liberty to cancel the bail bonds of the petitioner.

(ii) Petitioner is further directed that along with the bail bonds, he will furnish his Cell number and Xerox copy of AADHAR Card in the court below.

(iii) One of the bailors must be local and solvent person of Deoghar district having landed property.

(iv) Further, petitioner will deposit Rs. 25,000/- by way of cost in the account of Advocates' Sports Club, Jharkhand High Court being A/c

No.495810110005600, IFSC Code:- BKID0004958, Bank of India, Branch Jharkhand High Court and will submit a receipt of the same before the

court below at the time of furnishing bail bonds.

Let a copy of this order be sent to the court below and handed over to the counsel for the petitioner and Secretary/President of Advocates' Sports

Club, Jharkhand High Court.