Sessions Judge will be free to issue a warrant if any conditions are breached by applicant.

This Gujarat High Court case concerns a bail application filed under Section 439 of the Code of Criminal Procedure. The applicant sought regular bail for an offence under the Central Goods and Services Tax Act, 2017, related to alleged GST evasion amounting to approximately Rs. 9 Crores. The State opposed the bail due to the gravity of the offence, while the applicant had previously offered to deposit 10% of the evaded tax. The court noted that the Sessions Judge retains the authority to issue a warrant if any bail conditions are violated.

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 999 of 2021

BASANAT PHERUMAL MAKHIJA
Versus
STATE OF GUJARAT

Appearance:
MR. YOGESH LAKHANI, SENIOR ADVOCATE with MR HARDIK P
MODH(5344) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR.H.K.PATEL, APP, (2) for the Respondent(s) No. 1
MR. DEVANG VYAS, ASG for the Respondent No.2

CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 04/02/2021

ORAL ORDER

1. The present application is filed under Section 439 of the Codeof Criminal Procedure, 1973, for regular bail in connection with F.No.DGGI/AZU/12(4)284/2020-21 dated 09.12.2020 under Section 132(1)(a) of Central Goods and Services Tax Act, 2017.

2. Learned Advocate appearing on behalf of the applicantsubmits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

3. Learned APP appearing on behalf of the respondent-State hasopposed grant of regular bail looking to the nature and gravity of the offence.

4. Learned Additional Solicitor General Mr. Devang Vyasappearing for the respondent No.2 states that the applicant is thedefacto owner of the company and the brother is only camouflage. Itis submitted that it is a case of total evasion of GST and disposingthe manufactured goods without showing any record about its manufacturing activity and clandestine purchase of such products without paying of any GST has resulted in evasion to the tune of Rs. 9 Crores and odd. It is submitted that before the Sessions Court, the applicant had made offer to deposit an amount of 10% of the tax evaded and therefore, the applicant must be directed to comply with such commitment given to the trial Court.

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