In CRM-M-7671-2022 -P&H HC- Punjab & Haryana High Court clarifies that observations in bail orders are limited to granting bail applications; Says trial court to decide GST evasion case on evidence, not bail order
Justice N.S. Shekhawat [28-07-2023]

Read Order: Directorate General of Goods and Service Tax Intelligence, Chandigarh v. Sahil Garg

Chahat Varma

New Delhi, August 23, 2023: In a recent case related to GST evasion, the Punjab and Haryana High Court has clarified that any remarks made by a court when granting bail are meant solely for the specific purpose of deciding the bail application.

The Directorate General of Goods and Service Tax Intelligence (DG GST), Chandigarh, had filed the present petition, seeking to set aside the order dated 03.12.2021, issued by the Additional Sessions Judge of Fatehgarh Sahib. In this order, regular bail had been granted to the accused in the case. The DG GST contended that the judge's order contained certain statements that might potentially prejudice the Revenue's case before the trial court. The DG GST aimed to have the order modified to clarify that the observations made in the order were solely for the purpose of granting bail to the accused and not to influence the main trial.

The single-judge bench of Justice N.S. Shekhawat remarked that it was a well-established principle that the remarks or observations included in an order granting bail are confined to the specific purpose of addressing the bail application submitted by the accused.

While disposing of the petition, the bench ordered to modify the order dated 03.12.2021, passed by the Additional Sessions Judge, Fatehgarh Sahib, to the extent that the observations made in that order were exclusively intended for the purposes of disposal of the bail application and the trial Court shall decide the main case on the basis of the evidence led by both the parties, uninfluenced by the observations made in the order dated 03.12.2021.