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2019 (4) TMI 601 - PUNJAB AND HARYANA HIGH COURTGrant of Anticipatory bail - Imposing of condition to keep an amount of ₹ 3 crores in a fixed deposit in some bank and to undertake to surrender that amount for payment of legally adjudicated demand - Held that:- The anticipatory bail has been allowed and made absolute subject to the condition that as and when the demand is raised by the investigating agency, the petitioner is required to meet out with the demand in legal manner and in order to ensure compliance, the petitioner has been ordered to keep an amount of ₹ 3 crores in fixed deposit in some bank. While granting bail, it has been ordered to undertake to surrender the fixed deposit for payment of legally adjudicated demand with the department towards payment of duty. Meaning thereby the petitioner has been directed to keep an amount of ₹ 3 crores in fixed deposit in his name and to furnish copy of the FDR to the department. It clearly shows that the condition has been imposed to have the FD of said amount in the name of the petitioner. It is settled law that economic offence constitute a class apart and such like offence having deep rooted conspiracy by causing huge loss of public funds affecting the economy of the country as a whole and thereby posing serious threat to the financial health of the country. At the time of granting bail, the Court has to consider and keep in mind the nature of allegations, severity of punishment, the character of the accused, circumstances which are peculiar to the accused and also the reasonable possibility of securing presence of the accused during trial as well as reasonable apprehension of the witnesses being tampered with. The offences are cognizable and non-bailable and the matter is under investigation. In the present case, the petitioner has not cooperated in the investigation and just to ensure his availability during ongoing investigation, such condition was imposed - The condition for depositing amount is not unconditional but just to ensure to deposit said amount in case in the investigation he is found to be involved for evasion of the duty. The amount so deposited would be for the purpose of recovery. No financial loss has been caused in any manner to the petitioner as the same has been ordered to deposit by attracting interest. Petition dismissed.
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