Latest Judgments

Sohan Singh Rao v. Union of India

1. Leave granted.

(Sanjay Kishan Kaul and M.M. Sundresh, JJ.)

 

Sohan Singh Rao _________________________________ Appellant;

 

v.

 

Union of India ___________________________________ Respondent.

 

Criminal Appeal No. 691 of 2022 (Arising out of SLP (Crl.) No. 3196/2022), decided on April 25, 2022

 

The Order of the court was delivered by

Order

 

1. Leave granted.

 

2. We have heard learned counsel for parties.

 

3. Learned counsel for the appellant contends that the appellant is a salaried Director of the company since 2019 and only an employee before that. It is stated that insofar as the payment of Rs. 200 crore as a condition of bail of Vinay Kant Ameta is concerned, that has also been paid through the assets of the Company.

 

4. In our view, what is most material is that no notice has been issued to the Company under Section 74 of the GST Act, 2017 which could have resulted in quantification of the amount. Thus on the one hand the charge sheet has been filed but on the other hand no process for quantification of the amount has taken place. The proceedings commenced in October, 2021. The appellant has been charged in the third charge sheet filed. Thus, obviously investigation is over.

 

5. In view of the aforesaid circumstances, we grant bail to the appellant on terms and conditions to the satisfaction of the trial Court.

 

6. On the insistence of learned ASG, we clarify that this order cannot be treated as a precedent for anticipatory bail to the Managing Director which will be dealt with on its own terms.

 

7. The appeal stands disposed of.

 

SUPREME COURT OF INDIA

 

RECORD OF PROCEEDINGS

 

Petition(s) for Special Leave to Appeal (Crl.) No(s). 3196/2022

 

(Arising out of impugned final judgment and order dated 24-03-2022 in SBCRMBA No. 2555/2022 passed by the High Court Of Judicature For Rajasthan At Jaipur)

 

Sohan Singh Rao.….Petitioner(s)

 

v.

 

Union of India.….Respondent(s)

 

(FOR ADMISSION and I.R.)

 

Date : 25-04-2022 This petition was called on for hearing today.

 

(Before Sanjay Kishan Kaul and M.M. Sundresh, JJ.)

 

For Petitioner(s) Mr. Maninder Singh, Sr. Adv.

 

Mr. Rishabh Sancheti, Adv.

 

Ms. Padma Priya, Adv.

 

Mr. Anchit Bhandari, Adv.

 

Mr. Prabhas Bajaj, Adv.

 

Mr. Ajay Sabharwal, Adv.

 

Mr. Pranav Saigal, Adv.

 

Ms. Ashita Chawla, Adv.

 

Mr. K. Paari Vendhan, AOR

 

For Respondent(s) Mr. S.V. Raju, Ld. ASG

 

Mr. Mukesh Kumar Maroria, AOR

 

Ms. Sairica Raju, Adv.

 

Mr. Annam Venkatesh, Adv.

 

Mr. Piyush Beriwal, Adv.

 

Ms. Preeti Rani, Adv.

 

Ms. Derpabali Dutta, Adv.

 

Mr. Anshuman Singh, Adv.

 

Mr. Ankit Bhatia, Adv.

 

Mr. Harsh Paul Singh, Adv.

 

UPON hearing the counsel the Court made the following

 

ORDER

 

8. Leave granted.

 

9. The appellant is granted bail on terms and conditions to the satisfaction of the trial Court.

 

10. The appeal stands disposed of.

 

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