Reetu | Sep 15, 2020 |
Fake GST Invoices – HC reduces Bail bond for accused
The Relevant Text of the Order as follows :
The Learned Additional Sessions Judge though came to a finding that the offense would be for liability of M/s Maa Karni Yarns for Rs.1,94,78,017/- which would thus make the offense bailable under Section 69(3) and Section 132(4) but in spite of that imposed the onerous condition which has led to the petitioner continuing to be in incarceration. The said condition thus suffers from the vice of unreasonably and cannot stand the test of judicial scrutiny in view of the law discussed above.
Accordingly, the present petition is accepted. The condition of payment of Rs. 1, 94,78,017/- along with interest is set aside. The bail bonds of Rs.50 lakhs with one surety are reduced to Rs.25 lakhs which shall be in the form of immovable property, to the satisfaction of the Ilaqa/Duty Magistrate, Panipat. The order of the Addl.Sessions Judge dated 08.04.2020 (Annexure P-2) is, accordingly, modified, whereas the other conditions shall remain intact.
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