Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2018 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (8) TMI 894 - HC - Central ExciseAnticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 - CENVAT Credit - bogus firms - dummy parties for fraudulent transactions - case of petitioner is that there was no move initiated to put the respondent under arrest and, therefore, the exercise of jurisdiction by the Sessions court under Section 438 Cr. PC was bad in law. Held that:- Such non-serious pursuit of the matter cannot take the petitioner anywhere. The impugned order was passed by the court of Sessions after taking into account the available material. The petition cannot continue to hang like a democle’s sword over the head of the respondent indefinitely. The petitioner would have the liberty to oppose the grant of regular bail to the respondent in the event of a case being presented upon conclusion of the investigation for cognizance thereupon to be taken up by the competent court it leading to issuance of the process against the respondents. Petition dismissed.
|