Hitesh Prabhudas Lodhiya Vs State of Gujarat (Gujarat High Court)
In a recent development, the Gujarat High Court has granted bail to Hitesh Prabhudas Lodhiya, a key accused in an alleged GST scam amounting to Rs. 1466 crores. Lodhiya sought regular bail under Section 439 of the Code of Criminal Procedure, 1973, in a case registered with the Directorate General of GST Intelligence, Rajkot. The case has sparked debates over prosecution complexities and the severity of charges.
Detailed Analysis:
Lodhiya’s defense highlighted his cooperation with the investigation, providing vital information leading to the complaint against him. They argued that the prescribed punishment for the offense is imprisonment for five years, triable by the Court of Magistrate. The delay in trial commencement, coupled with Lodhiya’s cooperation, formed the basis for the bail plea.
The prosecution, on the other hand, emphasized the staggering amount involved in the scam and identified Lodhiya as the main perpetrator, allegedly benefiting from Input Tax Credit through forged records. The ongoing investigation aims to uncover the money trail and implicate other co-accused, making Lodhiya’s custody crucial, according to the prosecution.
After considering arguments from both sides, the court noted the completion of the investigation with the filing of a chargesheet. Lodhiya had been in custody since October 2023, facing allegations of availing Input Tax Credit through fraudulent means. Despite the severity of charges, the court factored in the lengthy trial timeline and granted regular bail.
Conclusion:
Aligned with legal precedents, including the Sanjay Chandra case, the Gujarat High Court’s decision to grant bail to Hitesh Prabhudas Lodhiya comes with conditions such as a personal bond of Rs. 10,000, surrendering the passport, and periodic reporting to authorities. The court emphasized that any breach of these conditions would result in appropriate legal actions.
This decision not only delves into the complexities of the alleged GST scam but also sets a precedent for bail considerations in white-collar crimes. The court’s cautious approach, balancing charge severity with the need for a fair trial, enriches ongoing discourse on economic offenses and legal proceedings.
[The full text of the judgment/order of the Gujarat High Court was not provided in the available information.]
