a bread-earning member
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Case Title |
Ajaj Ahamad vs State of Orissa |
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Court |
Orissa High Court |
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Honorable Judges |
Justice S.K.Panigrahi |
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Citation |
2022 (4) GSTPanacea 317 HC Orissa BLAPL No.6498 of 2021 |
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Judgement Date |
04-April-2022 |
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Council for Petitioner |
Ashok Mohanty |
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Council for Respondent |
Choudhury Satyajit Mishra |
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Section |
NA |
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In Favour of |
In Favour of Assesses |
The Orissa High Court bench of Justice S.K.Panigrahi has held that didn’t find any justification for detaining the Petitioner in custody for any longer. it is directed that the Petitioner be released on bail by the court in seisin over the matter in the aforesaid case on such terms and conditions as deemed fit and proper.
FACTS OF THE CASE
Petitioner has applied for bailed who is the bread earning son of a family has been in custody for over a year now. And do not find any justification for detaining the Petitioner in custody for any longer.
As a side note, it is observed that more and more such cases are brought to the fore where the mere pawns who have been used as apart of larger conspiracy of tax fraud have been brought under the dragnet by the prosecution. It is perhaps time that the prosecution will do well to follow the trial upstream and bring the “upstream” parties who are the ultimate beneficiaries who are the gainers in these evil machinations.
a bread-earning member
COURT HELD
Considering the facts as recorded, held that it is directed that the Petitioner be released on bail by the court in seisin over the matter in the aforesaid case on such terms and conditions as deemed fit and proper by him/ her with the following conditions
The Petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial
The Petitioner shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses so as to dissuade them from disclosing truth before the Court
In case of his involvement in any other criminal activities or breach of any other aforesaid conditions, the bail granted in this case may also be cancelled
The Petitioner shall submit his passports, if any, before the learned trial court and shall not leave India without prior permission of this Court.
Any involvement in similar offences of under the GST Act will entail cancellation of the bail
a bread-earning member
ANALYSIS OF THE JUDGEMENT
With the above directions, the instant bail application is allowed. However, expression of any opinion hereinbefore may not be treated as a view on the merits of the case and that the assessment of the tax liability of the Petitioner shall be carried out strictly in accordance with the applicable provisions of applicable law.
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