HC Granted Bail to Accused Who Was in Jail from 1 Year for Forming Bogus Firms Since Trial Wasn’t Likely to Conclude Soon

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  • Last Updated on 14 September, 2023

forming of bogus firms

Case Details: Puneet Sonkar v. State of Haryana - [2023] 154 taxmann.com 233 (Punjab & Haryana)

Judiciary and Counsel Details

    • Jasjit Singh Bedi, J.
    • Salil Dev Singh Bali, Adv. for the Appellant.
    • Kanwar Sanjiv Kumar for the Respondent.

Facts of the Case

The petitioner who was working as a Tax Consultant without any license was arrested for creating bogus firms on complaint of Excise and Taxation Officer. It was alleged that he had formed bogus firms and had caused loss of revenue to the tune of Rs. 3,05,10,099 to the state exchequer. The petitioner filed application for bail and contended that he had been falsely implicated in the present case and he was merely filing the documents relating to GST.

High Court Held

The Honorable High Court noted that the veracity of the prosecution case shall be adjudicated upon during the course of trial. However, the petitioner was in custody since 21-7-2022 and 22 out of the 33 prosecution witnesses have been examined so far. Therefore, the trial in the present case would not likely to be concluded any time soon and no serious apprehension had been expressed by the State that the petitioner would abscond from justice, tamper with the evidence or influence witnesses if granted the concession of bail.

Therefore, in this situation, the Court held that the further incarceration of the petitioner would not be required and the petitioner shall appear before the police station concerned on the first Monday of every month till the conclusion of the trial.

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