Yashik Jindal Vs. Union of India – Supreme Court

(2023) taxcode.in 22 SC

IN THE SUPREME COURT OF INDIA

Yashik Jindal
v.
Union of India

Petition(s) for Special Leave to Appeal (Crl.) No(s). 2982-2983/2023 with SLP(Crl) No. 2984-2985/2023
Decided on 28-Mar-23

Mr. Justice Shripathi Ravindra Bhat and Mr. Justice Dipankar Datta

Add. Info:

Impugned Order: Order dated 16-12-2022 in SBCRMBA No. 14792/2022 21-12-2022 in SBCRLMA No. 427/2022 passed by the High Court of Judicature For Rajasthan At Jaipur

Judgment/Order:

O R D E R

Heard learned counsel for the parties. We requested Mr. Jayant Sood, learned Addl. Soclicitor General, to assist the Court in the present petitions since there is no appearance on behalf of the respondent.

By the impugned order, the High Court imposed a condition of deposit of Rs. 2 crores upon the petitioners, for the grant of bail. They are accused of evading tax and derived the benefit of input-tax credit to the tune of Rs. 11.3 crores.

This Court has depracated imposition of such onerous conditions previously- notably in the recent order in “Subhash Chouhan vs. Union of India & Anr.” (Criminal Appeal No. 186 of 2023) decided on 20.01.2023.

Following the order in Subhash Chouhan vs. Union of India & Anr., the condition requiring the petitioner to deposit Rs.2 crores is hereby set aside. The Court is informed that the petitioner had borrowed sums of money and deposited the same. It is open for them to seek withdrawal/ refund of such amounts. They shall, however, comply with the other conditions imposed on them.

The special leave petitions are allowed in the above terms.

Pending applications, if any, are disposed of.

Original judgment copy is available here.