Mitha Ram v. State of Punjab and another
[Citation -2020-LL-0616-41]

Citation 2020-LL-0616-41
Appellant Name Mitha Ram
Respondent Name State of Punjab and another
Relevant Act SGST
Date of Order 16/06/2020
Judgment View Judgment
Keyword Tags immovable property • satisfaction

CRM-M-42451-2019 1 IN HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 201 CRM-M-42451-2019 Date of decision: 16.06.2020 Mitha Ram .....Petitioner versus State of Punjab and another ....Respondents CORAM: Hon'ble Mr. Justice Girish Agnihotri Present: Mr. H.S. Brar, Advocate for petitioner. Mr. H.S. Sullar, DAG, Punjab. **** GIRISH AGNIHOTRI, J. (Oral) matter has been taken up through video-conferencing on account of lockdown due to outbreak of pandemic COVID-19. Petitioner-Mitha Ram who is stated to be aged 29 years, has filed present petition inter alia praying for grant of regular bail in complaint No.2355/2019 dated 13.08.2019, under Section 132(1) a,b,c of Punjab Goods and Service Tax Act, 2017, filed by respondent No.2 before Ld. JMIC, Amloh, District Fatehgarh Sahib, Punjab. Learned counsel for petitioner submits that in fact petitioner is Income tax payee and for previous years his income has been shown very low to tune of Rs.3 lacs approximately per year. He further submits that petitioner has been falsely implicated in this case. 1 of 2 ::: Downloaded on - 30-04-2021 10:31:23 ::: CRM-M-42451-2019 2 He however submits that on 02.08.2019, show cause notice has been given to petitioner under provisions of Section 74 of Punjab GST Act, 2017. Learned counsel submits that once he is released from jail, he will be able to show to authority that he has been wrongly involved in case. He then submits that dispute is primarily civil in nature. Learned counsel however submits that out of 29 witnesses, only 01 witness has been examined till date. Learned counsel for petitioner then submits that because of present COVID-19 situation and also fact that trial is likely to take some time, detention of petitioner in jail is dangerous to his life. Therefore, petitioner is entitled for regular bail. In view of peculiar facts as noticed above, considering existing situation due to COVID-19 and fact that trial is likely to take some time, this Court deems it appropriate to direct release of petitioner on regular bail to satisfaction of Chief Judicial Magistrate/Duty Magistrate concerned, subject to his furnishing bail bonds/surety bonds. However, it is made clear that anything observed herein shall not be construed as expression of opinion on merits of case. Petitioner is also directed to furnish security worth Rs. 10 lacs in form of bank guarantee/original paper of immovable property, within 15 days. petition stands disposed of accordingly. (GIRISH AGNIHOTRI) JUDGE 16.06.2020 jyoti3 Whether speaking/ reasoned: Yes/No Whether Reportable: Yes/No 2 of 2 ::: Downloaded on - 30-04-2021 10:31:23 ::: Mitha Ram v. State of Punjab and another
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