TMI Blog2020 (2) TMI 428X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner was sought and he has been remanded to judicial custody, it cannot be construed as a circumstance which may entitle him to be released on bail. In the instant case, there are serious allegations against the petitioner that fake invoices of approximately ₹ 931 crores involving GST of approximately ₹ 127 crores without movement of goods have been issued and input tax credit has been availed. No justified ground is made out to grant concession of bail to the petitioner - Petition dismissed. - Criminal Misc.-M-50256 of 2019 - - - Dated:- 23-1-2020 - MR. VIVEK PURI. Present: Mr. R.S. Rai, Senior Advocate with Mr. Rohit Gupta, Advocate, Mr. Piyush Gupta, Advocate, Ms. Amandeep Kaur Sabharwal, Advocate, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the time of arrest and production in the Court, only police remand of the petitioner was sought and as such confining him in further custody is not required. The complaint has already been presented and no notice under Section 74 of the Act has been issued for determination of the tax. Furthermore, as per the allegations in the complaint, the evasion to the tune of ₹ 13 crores has been mentioned qua M/s Kwality Limited pertaining to the petitioner. On the contrary, it has been contended by the learned counsel for the respondent that merely because the accused has been remanded to judicial custody, it cannot be said that he becomes entitled to bail. There is no absolute bar to arrest and launch prosecution before adjudication o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Furthermore, in the aforesaid decision and also in Y.S.Jagan Mohan Reddy versus Central Bureau of Investigation, 2013(3) R.C.R. (Criminal) 108 it has been held that while granting bail, the Court has to keep in mind the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tempered with, the larger interests of the public and the State and other similarly considerations. In the instant case, there are serious allegations against the petitioner that fake invoice ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
