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2016 (10) TMI 751 - GUJARAT HIGH COURT

2016 (10) TMI 751 - GUJARAT HIGH COURT - TMI - Offences 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 ob .....

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o 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 .....

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TE for MR HITESH L GUPTA, ADVOCATE, MR SHALIN MEHTA, SR. ADVOCATE with MR HARSHANG H. PATEL, ADVOCATE FOR THE STATE : MR MITESH AMIN, PUBLIC PROSECUTOR with MR RUTVIJ OZA, SPECIAL PUBLIC PROSECUTOR ORAL ORDER 1. These two are the applications for anticipatory bail. 2. The applicants are the accused (No.23 and 27, respectively) and apprehend their arrest in connection with C.R.- I No.04 of 2016 registered with the C.I.D. Crime, Ahmedabad Zone Police Station, Ahmedabad for the offences punishable .....

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line-by-line and other material on record and have submitted that, not only no offence is committed by any of these applicants, the State Authorities, including the investigating agency are acting in absolutely illegal, arbitrary and pick & choose manner. Serious grievance is made that not only the applicants are victimised but that is done to show favour to the principal accused (accused Nos.1 to 9). Attention of the Court is invited to the charge-sheet which is already filed. It is pointed .....

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of 2016 dated 06.05.2016 and 11.08.2016, including Special Leave Petition in the interregnum, vis-a-vis the orders passed by this Court qua the Company of the accused No.1 to 9 being Special Civil Application No.5466 of 2016 dated 03.05.2016. It is submitted that let this applicant be protected against the victimisation of the State vis-a-vis the favouritism qua accused Nos.1 to 9. Learned advocate has further taken this Court through the provisions of the Gujarat Value Added Tax Act, 2003 to co .....

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tted that the applicant be protected. 6. On the other hand, Mr. Amin, learned Public Prosecutor and Mr. Rutvij Oza, learned Special Public Prosecutor have vehemently opposed these applications. Learned Public Prosecutor has submitted that, the investigation is large open and all will be apprehended in due course, if required. It is submitted that the present applicants can not be permitted to take advantage of, the investigating officer not running after accused Nos.1 to 9 so far. Learned Public .....

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e being hounded, vis-a-vis the red carpet treatment to the accused Nos.1 to 9 who - even according to the State also are the principal accused. On one hand, there is serious narration in the complaint itself against the principal accused, and at the same time, there is nothing on the record to show anything in favour of those accused and inspite of that, in the charge-sheet, they are not named and there is no clean chit to them either. This aspect is not explained by the State. 8. There are addi .....

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697 of 2016) is concerned, sufficient safeguards are provided by the Division Bench of this Court in Special Civil Application No.7750 of 2016 vide order dated 11.08.2016. 9. 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 .....

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nvestigating agency. These applications therefore need to be allowed. 10. 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. 11. In view of above, th .....

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