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Even a plea to be at home to stay safe from the Covid-19 pandemic could not help alleged Goods & Services (GST) evaders get bail.
The Punjab & Haryana High Court rejected the interim bail application of the accused who are alleged to have caused a loss of nearly ₹20 crore to the state exchequer by evading GST. The lawyer for the petitioners, currently confined in New District Jail, Nabha in Punjab, argued that the jail had many inmates and the threat of the spread of the pandemic still loomed large. He also cited a recent policy of the State government which said the under-trials against whom cases have been registered for offences punishable with imprisonment up to 7 years can be released on bail. In the present case, the petitioners had been booked under Section 132 of GST Act 2017, which prescribed a maximum sentence of 5 years.
Opposing the bail application, the counsel for Punjab government submitted that keeping in view the amount involved (₹ 20 crore), the offence in question assumed significance. It further submitted that Supreme Court’s order dated March 23 did not vest the petitioners with any absolute right to be release on bail. The court was informed that subsequent to a decision taken by a high-powered committee constituted based on the apex court’s order, a large number of prisoners had been released on parole or on interim bail. Hence, there was no longer any congestion in the jails.
Offence under Sec 467 IPC
After hearing both the sides, the Court said though the section applicable in this case prescribed imprisonment of up to 5 years, the offence assumed gravity in view of the amount involved. “In fact, the allegations are to the effect that the petitioners had forged bills and other documents in furtherance of their designs to cause loss to the state exchequeuer, which prima-facie would also attract an offence punishable under section 467 IPC (Indian Penal Code) which is punishable with imprisonment for life,” the court said.
Further, as has been clarified by the Supreme Court, the prisoners are not to be compulsorily released. The primary objective behind the directions issued by the apex court is to protect the health of the prisoners and restrict transmission of Covid-19 by decongestion of prisons. “The move certainly cannot be treated as a windfall for all the prisoners when there is no imminent threat or apprehension within the jail premises as on date as regards the spread of the pandemic,” the court observed.
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