TMI Blog2018 (8) TMI 894X X X X Extracts X X X X X X X X Extracts X X X X ..... herefore, 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 indefinite ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the said probe, certain persons connected with the companies involvement of which was suspected were called for inquiries. It is the case of the petitioner that material came to light that certain bogus firms were operating wherein certain accounts were being used in the name of dummy parties for fraudulent transactions leading to false claims of CENVAT credit being claimed, such facts indicati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate with the inquiry and to join it as and when called upon to do so and at the same time he not leaving India without prior permission of the trial court and towards that end he to surrender his passport. 3. The present petition was filed in March 2016 questioning the legality and propriety of the said order of anticipatory bail. It has been pending for the last almost two and half years. 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l incomplete. He would not clarify if any incriminating evidence had been gathered during the probe conducted so far showing the complicity of the respondent in the crimes under such probe, particularly such evidence as may have escaped the notice of the Sessions court. His only insistence is that the crime is serious and the respondent is a suspect. 5. In the considered view of this court, suc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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