Case tittle | Sandeep Goyal VS Union of India |
Court | Supreme Court of india |
Honourable Judge | Justice Mohan M. Shantanagoudar Justice R. Subhash Reddy |
Citation | 2020 (03) GSTPanacea 98 SC Petition For Special Leave To Appeal (Crl) No. 1803 Of 2020 |
Judgment Date | 17-March-2020 |
The petitioner is accused of orchestrating a significant fraud involving the creation of approximately 555 fictitious companies. This fraudulent activity is alleged to have resulted in financial losses amounting to ₹74 crore (74,00,00,000/- rupees).
Mr. K.M. Natraj, the learned Additional Solicitor General, has stated that the investigation into this matter is ongoing. He further noted that as the investigation progresses, additional fake firms associated with the petitioner continue to be uncovered. The scale of the fraud and the ongoing discovery of more fraudulent entities indicate a complex and extensive scheme orchestrated by the petitioner.
The petitioner is accused of creating approximately 555 fake firms and committing a fraud amounting to Rs. 74 crores (Rupees seventy-four crore only). Mr. K.M. Natraj, the learned additional solicitor general, states that the investigation is ongoing, and more fake firms linked to the petitioner are being uncovered. It is undisputed that the maximum sentence the petitioner could face if convicted is five years of imprisonment. Additionally, it is acknowledged that the petitioner has already served one year in custody.
The petitioner is accused of creating approximately 555 fake firms and committing fraud amounting to Rs. 74 crore (Rupees seventy-four crore only). Mr. K.M. Natraj, the learned additional solicitor general, stated that the investigation is ongoing, with more fake firms linked to the petitioner being uncovered. It is acknowledged that the maximum penalty for the petitioner, if convicted, is five years in prison. The petitioner has already served one year and eight months in jail. Additionally, it was noted that some of the co-accused in the case have been released on bail.
Considering the overall facts and circumstances of the case, the court has decided to issue the following directive: The State is instructed to make efforts to complete the investigation within three months from the date of the order.
The petitioner is accused of creating approximately 555 fake firms and committing fraud amounting to Rs. 74 crore (Rupees seventy-four crore). Mr. K.M. Natraj, the learned additional solicitor general, has stated that the investigation is ongoing, and more fake firms linked to the petitioner are being discovered. It is acknowledged that if the petitioner is convicted, the maximum sentence would be five years in prison. The petitioner has already been imprisoned for one year and eight months. Additionally, it has been noted that some of the co-accused have been released on bail.
Given the entirety of the situation, the court has decided to issue the following order:
1. The State is directed to make efforts to complete the investigation within three months from the date of the order.
2. If the investigation is not completed within this three-month period, the petitioner shall be granted bail by the Trial Court, which will impose suitable terms and conditions for the release.
The petitioner is accused of creating approximately 555 fake firms and committing fraud amounting to Rs. 74 crore (74,00,00,000/-). Mr. K.M. Natraj, the learned Additional Solicitor General, indicated that the investigation is ongoing, with more fake firms linked to the petitioner being uncovered. It is undisputed that the petitioner faces a maximum sentence of five years if convicted and has already served one year and eight months in prison. Additionally, it was noted that some co-accused individuals have been granted bail.
1. Considering the overall context and circumstances, the following order was issued:
2. The State is directed to endeavor to complete the investigation within three months from the date of the order.
3. If the investigation is not completed within this three-month period, the petitioner shall be released on bail by the Trial Court under suitable terms and conditions.
4. If the investigation is completed within the specified time, the report should be submitted to the relevant court.
5. Upon completion of the investigation and submission of the report within the three-month timeframe, the petitioner retains the right to apply for bail at the trial court, which will evaluate the application on its own merits.
The petitioner stands accused of orchestrating a significant fraud involving the creation of approximately 555 fake firms, resulting in a financial deception amounting to Rs. 74 crores (Rs. 74,00,00,000/-). Mr. K.M. Natraj, the learned additional solicitor general, informed the court that the investigation is ongoing, with more fraudulent firms being uncovered. It is undisputed that, if convicted, the petitioner faces a maximum imprisonment of five years. Notably, the petitioner has already served one year and eight months in jail. Furthermore, it has been highlighted that some of the co-accused have been granted bail.
Considering the overall context and circumstances of the case, the court issued the following directive:
1. The State is urged to complete the investigation within three months from the date of the order.
2. If the investigation is not concluded within this three-month period, the petitioner shall be granted bail by the Trial Court, subject to appropriate terms and conditions.
3. Should the investigation be completed within the stipulated time, the report must be submitted to the relevant court.
4. Upon completion and submission of the investigation report within three months, the petitioner retains the right to apply for bail to the Trial Court.
5. Any such bail application will be evaluated on its own merits by the Trial Court.
The special leave petition is thus disposed of accordingly.
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