Gaurav Maheshwari vs. State - Rajasthan High Court - May 13, 2020
In the present case, police have filed charge-sheet against the petitioner Sh. Gaurav S/o Shri Sampat Lal Maheshwari under various offences that he has created bogus firms/companies and received huge amount as GST refunds for the transactions which never took place. Petitioner is in judicial custody of police since October 30, 2019.
Mr. Dutt, learned counsel appearing for GST Department, submitted the following arguments against the petitioner.
a) That the petitioner has devoured huge amount of Rs. 17 crores by fraudulent transactions and till date only around Rs. 1 crore has been recovered in the matter.
b) That the petitioner is kingpin of the whole fraud committed by him and of creating bogus firms/companies and claiming GST Refunds for the transactions which never took place.
c) That the money withdrawn by the petitioner has been deposited in the bank accounts of his relatives and the GST Department had issued summons to them for the purpose of investigation and the same is still going on.
d) That if the petitioner is enlarged on bail, there are chances that he may influence the witness and recovery of the embezzled public money will be difficult.
Mr. Anand Purohit, learned Senior Counsel for the petitioner, submits that the petitioner is prepared to put himself to the following conditions for his release:-
a) neither the petitioner nor his wife, children, father and mother shall transfer, sell or otherwise alienate any of their moveable or immoveable properties;
b) he will surrender his passport (if any) in the Trial Court within two weeks of his release;
c) he will furnish details of all his bank accounts; and
d) petitioner will not withdraw more than Rs. 50,000/- per month from his bank accounts.
Having regard to the totality of the facts and circumstances of the case and considering the undertaking offered, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The petitioner Gaurav S/o Shri Sampat Lal Maheshwari, arrested in CR No.205/2019, Police Station Udaimandir, District Jodhpur shall be released on bail on his furnishing personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each.
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