Gujarat High Court Grants Bail To Co-Accused In Rs. 700 Crore GST Scam Case Involving Tax Amount Of 35 Crores

The ruling came in a Criminal Miscellaneous Application filed under Section 439(2) of the Code of Criminal Procedure, 1973, whereby the petitioner State prayed to quash and set aside the order dated 11.11.2021, passed by the District and Sessions Judge, Junagadh, in a Criminal Misc. Application, whereby, the Session Judge had granted regular bail to the respondent – original accused.

Advocate AV Patel, the APP appearing on behalf of the State and the Assistant Commissioner of State tax argued to cancel the bail on the submission that the concerned Court, while granting bail, did not consider the factors to be considered for granting or rejecting the bail. It was also argued that the learned Sessions Court has failed to notice the detailed affidavit / objections filed by the original complainant. It was submitted that the Court also failed to take note of the fact that bogus documents were created in the form of e-way bills, though, no actual transaction had taken place and thereby, a huge scam to the tune of more than Rs.700/- crore, involving the tax of Rs.35 crores was committed.

However, the Court pointed that the counsel did not submit any supervening circumstances being rendered in conducing to allow fair trial or breach of any condition of bail.

On the other hand, the Advocate Apurva N Mehta appearing on behalf of the respondent - Mitesh Dilipbhai Sejpal, supported the impugned order and submitted that the case of the co-accused was considered by the Coordinate Bench of this Court and he was granted regular bail vide order dated 11.07.2019, passed in Criminal Misc. Application No. 9641 of 2019. It was submitted that the aforesaid order was not challenged, till date. It was, therefore, prayed that the petition be dismissed.

The Court held, “Thus, this Court finds no circumstances, more particular, when the co-accused is granted bail by the Coordinate Bench of this Court and such order has remained un-challenged, till date, to adjudge the impugned order as unjust and contrary to the settled principles of law. As held earlier, the petitioner has failed to point out supervening circumstances, which may interfere with the fair trial.”

Referencing the observations made in a recent decision by the Supreme Court in the case of Kekhriesatuo Tep and others Vs. National Investigating Agency, the Court dismissed the petition.

Accordingly, the Court dismissed the petition.

Appearance:
Ms Av Patel, Public Prosecutor For The Applicant(S) No. 1,2
Mr. Apurva N Mehta(7202) For The Respondent(S) No. 1

Case Number: R/Criminal Misc. Application (For Cancellation Of Bail) No. 6267 Of 2022

Case Title: State Of Gujarat Versus Mitesh Dilipbhai Sejpal

LL Citation: 2024 Livelaw (Guj) 31

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