Home Case Index All Cases Customs Customs + HC Customs - 2021 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (9) TMI 551 - HC - CustomsBail application - misappropriation of huge amount fraudulently - adiversion of huge funds for own benefits - pplicant had acted in connivance with the main accused Vinit Gupta or not - deposit of huge cash which was further transferred, diverted in the name of relatives and companies - whether applicant is entitled to bail on the ground that his son Vinit Gupta is released on bail or not? - two FIRs filed relating to different causes of action - validity of second FIR - HELD THAT:- Voluminous documents are recovered during the investigation. Charge sheet has been filed against applicant. Search was conducted at the residential premises of Vinit Gupta on 26th December 2019. Nothing incriminating was recovered. Search was conducted at residence of applicant on 19th March 2020. Nothing was recovered. Statement of Suresh Bhojan was recorded on 25th February 2020. He is working with ICICI Bank. He handed over cheques issued by Vimlesh Dwivedi. Production panchanama was recorded on 29th February 2020 - Statement of Devendra Ghai was recorded on 28th December 2019. He is working with Jaipur Golden Transport as Deputy General Manager. M/s.EXL India Pvt Ltd is sister company of Jaipur Transport. He referred to contract executed with M/s.Rashi Peripherals Pvt.Ltd in 2012. Subsequently contracts were renewed. Vinit Gupta used to follow up with him regarding transportation. M/s.Rashi Peripherals Pvt Ltd had filed Civil Suit at Thane. The accused had deposited cash during the period of offence and transferred funds in the name of his relatives and companies. Thus, the facts are already investigated and further custody of the applicant is not necessary. The offences are triable by Magistrate. The applicant is directed to be released on bail investigated by Economic offences Wing on executing P.R.Bond in the sum of ₹ 50,000/- with one or more sureties in the like amount - bail application allowed.
|