The Rajasthan High Court refused the bail in the 3 crore fraud involving the fabrication of a GST number and firm name.
Facts
The instant bail applications under Section 438 Cr.P.C. have been filed by the petitioners – Sheetal and Padam, apprehending their arrest in connection with FIR for the offences punishable under Sections 406 & 420 IPC.
Submissions
Counsel for the Petitioners Sheetal and Padam, argued that the petitioners are engaged in trade and business at Delhi and received certain goods from the accused Harsh Garg and Sarvesh alias Vinod.
He further argued that the petitioners did not have any direct involvement in the alleged crime in question and they are consumers only and have been falsely implicated in this FIRs lodged by different complainants.
Public Prosecutor opposed the bail applications and submitted that from the investigation the documents submitted by the accused-petitioners during the course of investigation were found to be fabricated as the GST number, name of the Firm and other details were found to be non existent.
Decision
The single judge bench of Justice Praveer Bhatnagar noted that accused Harsh Garg and Sarvesh alias Vinod purchased the goods from the complainants named in the various FIRs and after constituting the fake firm induced the complainants to sold their goods and later on fled away from the place of business, switched off their mobiles and in conspiracy with the present petitioners misappropriated the goods received from complainant and illegally sold it in the market.
The court further noted that the investigation revealed that the accused-petitioners submitted a forged bill showing the purchase of the recovered clothes indicating a fake Firm viz. Vandana Fabrics and also illegally supplied the goods in the market. Thus, causing loss to the complainants in tune of approximately rupees three crores.
The court dismissed the bail applications under Section 438 Cr.P.C. filed by the accused-petitioners Sheetal and Padam.
Case title: Sheetal Mitta and Ors. v/s State Of Rajasthan
Citation: S.B. Criminal Miscellaneous Bail Application No. 1235/2023
