Court Denies Bail in GST Fraud Case, Rejects Public Interest Litigation

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Case Name:

Nitin Singh Bhati Vs Union of India (High Court of Madhya Pradesh)

WP No.13918/2020

Date: 23rd September 2020

Key Takeaways:

The court emphasized that matters of bail and investigation timelines are not suitable subjects for Public Interest Litigation.

The judgment reinforces the importance of timely investigation and charge sheet filing in criminal cases.

The court highlighted that the Code of Criminal Procedure provides adequate safeguards for detention and investigation procedures.

Issue:

Should the court intervene in a criminal case where bail was granted to a co-accused due to the non-filing of a charge sheet within the stipulated time, when presented as a Public Interest Litigation?

Facts:

A criminal case (Crime No. 23 of 2020) was registered in Indore for offenses under section 132(1)(s) of the GST Act, 2017, read with sections 409, 467, 471, and 120-B of the Indian Penal Code.

Five persons were granted regular bail on 27-07-2020 and 13-08-2020.

One co-accused, Sanjay Matta, was granted bail on 03-09-2020 because the charge sheet wasn't filed within the prescribed time.

The petitioner, a practicing advocate, filed a PIL challenging this bail grant.

Arguments:

Petitioner's Arguments:

The grant of bail to the co-accused (Sanjay Matta) was against public interest.

The investigating agency should have completed the investigation within the prescribed time.

Court's Perspective:

The petition doesn't qualify as a Public Interest Litigation.

There can be various reasons for the investigating agency not concluding the investigation in time.

No element of public interest is involved in this matter.

Key Legal Precedents:

The judgment doesn't mention any specific legal precedents. However, it refers to:

Section 132(1)(s) of the Central Goods and Services Tax Act, 2017

Sections 409, 467, 471, and 120-B of the Indian Penal Code, 1860

Section 167(2) of the Code of Criminal Procedure

Judgement:

The court declined to admit the petition.

It stated that the Code of Criminal Procedure is a complete code that provides safeguards for detention and investigation procedures.

The court found no reason to interfere in the matter, especially as a public interest litigation.

The petition was dismissed.

FAQs:

Q1: Why did the court reject this petition?

A1: The court rejected it because it didn't consider the matter suitable for a Public Interest Litigation. The issue of bail and investigation timelines are part of regular criminal proceedings, not matters of public interest.

Q2: What does this judgment mean for the accused who got bail?

A2: The judgment doesn't affect the bail granted to the co-accused. The court chose not to interfere with the bail process.

Q3: Does this judgment set any new precedent?

A3: While it doesn't set a new precedent, it reinforces that matters of bail and investigation timelines are not typically subjects for Public Interest Litigation.

Q4: What does this case say about the importance of timely investigations?

A4: The case highlights the importance of timely investigations and charge sheet filing. If not done within prescribed time limits, it can lead to bail being granted to accused persons.

The petitioner before this court a practicing advocate has filed this present petition by way of Public Interest Litigation.

The contention of the petitioner is that a criminal case was

registered against certain persons in the township of Indore i.e.

Crime No. 23 of 2020 for offences u/s 132(1) (s) of GST Act,

2017 read with 409, 467, 471 and 120-B of IPC. Five persons

were granted regular bail by order dated 27-07-2020 and

13-08-2020.

The petitioner's grievance is that in respect of one of the

co-accused, namely, Sanjay Matta as charge sheet was not filed

within time an application was preferred u/s 167 (2) of Cr.PC

and the same has been allowed by the trial court vide order dated

03-09-2020. The petitioner's contention is that grant of bail to

one of the co-accused as investigation was not completed is

against public interest and the Investigating Agency should have

completed the investigation, within time.

In the considered opinion of this court the present petition

is certainly not at all the Public Interest Litigation. If the

investigating agency was not able to conclude the investigation

within time there can be a number of reasons for the same. No

element of Public Interest is involved in the matter. The Code of

Criminal Procedure is a complete code in itself and it provides

for safeguards in respect of detention and it also provides for

procedure in respect of investigation.

This court does not find any reason to interfere in the

matter specially in a public interest litigation in respect of non

filing of charge sheet, within time.

No case for interference is made out in the matter.

The admission is declined.

Certified copy as per rules.

(S. C. SHARMA)

JUDGE

(SHAILENDRA SHUKLA)

JUDG