TMI Blog2020 (5) TMI 170X X X X Extracts X X X X X X X X Extracts X X X X ..... eat to the investigation; inasmuch as, the manipulation of the evidence at the hands of the petitioner cannot be ruled out. The loss of ₹ 60 Crores to the public exchequer so far cannot be considered as a small amount. It may be true that as on date the person conniving with the petitioner might not have been arraigned as accused or arrested; but then it would be pre-mature to make any further comment on the said aspect as investigation is under way and it is at crucial stage. Bail cannot be granted - application dismissed. - R/CRIMINAL MISC.APPLICATION NO. 6237 of 2020 - - - Dated:- 5-5-2020 - Honourable Mr. Justice G.R. Udhwani For the Applicant(s) : Mr Nirupam Nanavati Senior Counsel With Mr Chetan K Pandya For ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r that investigation is in progress shows filing of halfhearted complaint against the petitioner in defiance of Section 167 of Cr.P.C inasmuch as the only purpose of such hasty complaint appears to be depriving the petitioner of benefit of default bail under section 167 of Cr.P.C. According to the learned counsel for the petitioner this is a fraud on the statute. It was also argued that no assessment notice has been issued to the petitioner and thus prosecution has no case to prove against the petitioner. Reliance has been placed upon Sanjay Chandra vs. Central Bureau of Investigation (2012) 1 SCC 40 . 4. Per contra, learned Public Prosecutor would oppose this application with the submission that this court may not exercise the dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd where the case is at large with further investigation wherein summons have been issued to as many as 406 firms, the discretion may not be exercised. It was contended that individual liberty must give way to the public interest and when public exchequer is at stake, the case would assume seriousness irrespective of the quantum of sentence prescribed. It was contended that incriminating material like laptop, rubber stamp, pre-signed cheque books of several firms and unsigned cheque books of several firms used in the offence have been recovered from the possession of the petitioner. It was also contended that this is not a case of avoidance of tax/assessment of tax but the racket to unlawful tax credit. 5. This court has considered the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the crime. It is not as if the petitioner stopped at ₹ 60 Crores; in all probability he would have continued the racket in absence of its detection. Therefore, what is relevant is not the quantum, but well-designed pre-meditated plan floated by the petitioner to loot the public exchequer. 7. It may be true that as on date the person conniving with the petitioner might not have been arraigned as accused or arrested; but then it would be pre-mature to make any further comment on the said aspect as investigation is under way and it is at crucial stage. 8. Last but not the least; there is nothing to indicate the serious ill-health of the petitioner; needless however to say that in case of necessity, necessary medical help would ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
