CUTTACK: The Orissa High Court has granted bail to four persons accused in a Rs 316 crore GST fraud case considering their prolonged pre-trial detention and that the personal liberty of the petitioners cannot be restored if the prosecution fails to bring home the charge against them.
The GST fraud case involved allegation of wrongfully availing input tax credit of Rs 316 crore by operating around 25 non-existent and fictitious business entities in the name of some persons by misusing their personal identity documents without their knowledge and consent.
Four of the eight accused, Subash Kandulna, Chhatar Singh, Ram Bharose Shaw and Dhanman Shaw had filed their bail applications. They were in custody since July 6, 2022.
The single judge bench of Justice Gourishankar Satapathy granted bail to all four on furnishing property surety of Rs 50 lakh each in addition to bail bonds of Rs 5 lakh each to the satisfaction of the trial court. Justice Satapathy stated that while considering the bail application of a person accused of economic offences of huge magnitude on prima facie accusation, no liberal approach should be adopted especially when the extent of such offences runs to more than hundreds of crores.
“But the courts owe a responsibility to adhere to the fundamental right of personal liberty of a person as guaranteed under Article 21 of the Constitution of India, otherwise the structure built on the very foundation of the personal liberty would crumble, when the accused would be found not guilty of the offence after remaining in custody for the substantial period,” Justice Satapathy observed in the judgement on March 27.
As per case records, while the trial is yet to be concluded, 13 out of 23 prosecution witnesses have already been examined in the case. Of the 10 remaining witnesses, one has already died and the whereabouts of another is not available.
Of the remaining eight, while three are official witnesses, the rest five are private witnesses.