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2016 (10) TMI 751 - GUJARAT HIGH COURTOffences punishable under Sections 406, 409, 420, 467, 468, 471, 474 and 120(B) of the Indian Penal Code and Sections 85(1)(b)(c) (e)(f)(g), 85(2)(g), 85(4) and 85(6) of the Gujarat Value Added Tax Act, 2003 - scope of application - refusal/grant of protection to applicants - Held that: - Since the scope of these applications is grant / refusal of protection to these two applicants, wider issues are not gone into by this Court. It is left only by observing that - on one hand, there is very serious narration in the complaint against the Company viz. Dharmpal Satyapal Ltd., quantifying the alleged fraud to the tune of approximately two hundred crores of rupees, the Directors and other responsible persons of the said company are accused Nos.1 to 9 in the FIR in question and still, not only there is no motivation on the part of the State to bring them to justice, but there is complete facilitation qua them at their terms. It is for the State to take a call. Suffice it to hold that the present applicants need to be protected against this exercise of powers by the State and the investigating agency. These applications therefore need to be allowed. It is also noted that, pursuant to the interim order of this Court, the questioning of these applicants is already done by the Authorities. Considering the totality this Court finds that, custodial interrogation of the applicants is not required. Their judicial custody would also not be required in the facts of the case. These applicants therefore need to be granted anticipatory bail by this Court. Application allowed - applicants released on bail on furnishing personal bonds of ₹ 10,000/- each and one surety of the like amount subject to some conditions.
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