The Punjab and Haryana High Court recently granted bail to a person who was alleged to have been involved in misusing a PAN Card and making transactions of Rs. 7 crores by opening a firm named SBJ Enterprises based on the said PAN Card. Taking an empathetic view that no tangible material was brought to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution’s evidence, the Court ordered his release upon furnishing bail bonds, as he has already suffered incarceration for more than eight months.
A Single Judge Bench of Justice Sumeet Goel found that the petitioner was arrested on November 13, 2024, and after investigation and presentation of the challan, only two out of the total 71 prosecution witnesses have been examined yet. Thus, observing that the culmination of the trial will take time and rival contention raised by parties may give rise to debatable issues which shall be ratiocinated upon only during the trial, the Bench observed that further detention of the petitioner as an undertrial is not warranted.
The case stemmed from a complaint filed in Sonipat before the Chief Minister of Haryana through the CM Window, praying for legal action against an unknown person (petitioner) who has opened a firm by misusing a PAN card. The applicant came to know about the said misrepresentation upon receiving a notice from the Income Tax Department, which was when inquired through a CA, revealing that the petitioner had opened a firm named SBJ Enterprises on the applicant’s PAN card. The inquiry also revealed that the said firm has made transactions of about Rs. 7 crores. Based on the said complaint, an FIR was filed, and the petitioner has been in custody for 9 months, praying for regular bail.
Appearances:
Advocate Vikas Lochab, for the Petitioner
DAG, Haryana, Deepak Grewal, for the Respondent
