Facts of the Case

This order has no connection to GST law. The petitioner, Deepak Chanana, sought regular bail in FIR No. 102 dated 22.04.2022, registered at Police Station Civil Lines, Gurugram, under Sections 419, 420, 467, 468, 471, 120-B of the IPC. The FIR arose from a complaint by the Business Development Manager of M/s Invent Info Solutions, alleging that six named accused had ordered laptops and other hardware worth Rs. 60,88,150/- on credit, paid only Rs. 19 lakh, and issued cheques for the balance from a firm (M/s Naya Jewels) that were subsequently dishonoured. The petitioner had been in custody since 18.01.2023, and by the time of hearing, none of the 29 prosecution witnesses had been examined.

Issues Involved

  1. Whether the petitioner was entitled to regular bail given the length of custody and the fact that the trial had not progressed at all.

Petitioner's Arguments

  • The petitioner had been in custody since 18.01.2023, none of the 29 prosecution witnesses had been examined, and no serious apprehension of absconding or tampering was raised by the State.

Respondent's Arguments

  • No serious apprehension of the petitioner absconding or influencing witnesses was pressed by the State.

Court Order / Findings

  • Finding the trial unlikely to conclude soon, with none of the 29 witnesses examined and the petitioner in custody since January 2023, the Court held further incarceration was not warranted.
  • Bail was granted without commenting on the merits of the case, subject to bail/surety bonds, monthly police reporting, an FDR of Rs. 1,00,000/-, and conditions against tampering with witnesses.

Important Clarification

There is no GST-related takeaway from this order — it is a routine bail decision in a cheating/cheque-dishonour case, decided purely on custody-duration and trial-delay grounds.

Sections Involved

  • Indian Penal Code, 1860 — Sections 419, 420, 467, 468, 471, 120-B
  • Code of Criminal Procedure, 1973 — Section 439

Decision – In Favour of

Decided in favour of the Petitioner/Accused — regular bail was granted, subject to conditions.

Case Details

Court: High Court of Punjab and Haryana at Chandigarh
Case No.: CRM-M-13138-2023 (O&M)
Coram: Hon'ble Mr. Justice Jasjit Singh Bedi
Date of Decision: 21 August 2023

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