Case Details: Vineet Jain Versus Union of India [(2025) 30 Centax 57 (S.C.)]
Judiciary and Counsel Details
- Abhay S. Oka & Ujjal Bhuyan, JJ.
- S/Shri Bhupendra Pratap Singh, Adv., Devendra Kumar Shukla, AOR, Nakul Nirwan, Rishabha Singh, Advs. for the Petitioner.
- S/Shri Raghvendra P. Shankar, ASG, Gurmeet Singh Makker, AOR, Karan Lahiri, B.K. Satija, Bhuvan Kapoor, Advs. for the Respondent.
Facts of the Case
In instant case offences alleged against appellant were under clauses (c), (f) and (h) of section 132(1) of CGST Act. The maximum sentence is of 5 years with fine. A charge-sheet has been filed. The appellant is in custody for a period of almost 7 months. The case is triable by a Court of a Judicial Magistrate. The sentence is limited and in any case, the prosecution is based on documentary evidence. The appellant was denied bail at all levels, including the High Court, and ultimately, he was forced to approach the Supreme Court.
Supreme Court Held
The Supreme Court granted bail to the accused since he was in custody for almost seven months, and the case was triable by a Judicial Magistrate. The Supreme Court expressed surprise that in a case like this, the appellant had been denied the benefit of bail at all levels, including the High Court. These are the cases where in normal course, before the Trial Courts, the accused should get bail unless there are some extraordinary circumstances.
