Punjab and Haryana High Court Grants Bail: Fabrication Of Bills Worth Rs. 3.67 Crores, The Accused Being In Custody For 18 Months

The Punjab and Haryana High Court in the case Vijay Garg Versus the State of Haryana and another observed and has granted bail to the person who is accused of forging bills worth Rs. 367 crores and evading the GST payments worth Rs. 26 crores.
The Single judge bench headed by Justice Deepak Sibal in the case observed that the petitioner has already undergone in an actual custody for nearly one year and five months. Even if the petitioner is being convicted the maximum sentence that can be imposed on him is five years. The court at the pre-charge stage, the prosecutions majority of material witnesses are examined. The court stated that 37 prosecution witnesses still remain to be examined and the same is likely to take a long time to conclude if the petitioner is even put on trial.
In the present case, the three firms are managed by the petitioner, two in the name of M/s Shree Shyam Traders and one in the name of M/s Stasya Enterprises. It has been availed by the petitioner himself of input tax credit by allegedly fabricating invoices, which resulted in the generation of bills worth Rs. 367 crores and for the evasion of payment of GST to the tune of Rs. 26 crores.
The petitioner in the plea seek bail, before the court, the petitioner submitted that the petitioner has been falsely implicated in this case. The petitioner being in custody since 21.09.2021. Therefore, the maximum sentence that can be awarded to petitioner is five years. In the said case, the investigation is complete and therefore, the petitioner being in the position to implement the same.
The court stated that the evidence collected by the prosecution is primarily documentary in nature and mostly the court needs to examine the material witnesses at the pre-charge stage, and there being no serious apprehension has been expressed by the prosecution that the petitioner would either flee from justice or tamper with the evidence in case he is released on bail.
Therefore, in the said case the department also opposed the bail to the petitioner on the ground that the petitioner is the main accused in a scam involving evasion of GST to the tune of crores of rupees. The court stated in his trial and the event that he is being released on bail and he is likely to influence the witnesses and, in turn, the course of his trial.
Adding to it, the court also stated that it not being the fault of the State that the petitioner in the case did not cooperate during the investigation. The court also granted the bail and stated that the subject which being to the satisfaction of the CJM or the Duty Magistrate, Gurugram, which shall include the condition for depositing of the petitioner’s valid passport if any, the petitioner is directed to be released on bail.