9911796707
TMI Blog2021 (2) TMI 191X X X X Extracts X X X X X X X X Extracts X X X X ..... and all the sezied documents are already in possession of the investigating agency. It is submitted that custody of applicant/accused is not required in the investigation as no efforts have been made by the respondent department to record the statement of the applicant since the date of his arrest. It is submitted that the complainant has been conducting investigation under CGST Act against the companies of applicant/accused for about one and a half years and during the said period of investigation, the complainant has not only issued summons against the companies and the applicant/accused but also conducted five raids at the house of the applicant and at the premises of the companies. It is submitted that in order to seek quashing of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . It is further submitted by Ld. Senior counsel that the medical condition of the applicant/accused is also very critical as he suffered brain stroke in 2007 and underwent surgery thrice and also suffered paralysis. It is submitted that owing to his medical condition, the motor skills of the applicant got severely affected and he is still on medication and steroids and his condition is deteriorating day by day. It is submitted that the applicant has been advised not to exert pressure and strain himself. It is submitted that applicant/accused is ready to abide by any term or condition imposed by this court while granting him bail. It is thus prayed that considering the medical condition of the applicant/accused and the totality of facts and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s clear that applicant was actively involved in the affairs of the companies in question including financial affairs and was very well aware of all the misdeeds done by him in order to claim GST refund of Rs. 45 crores. 5. It is submitted that filing of the writ petitions has no bearing on the present investigation as the Hon'ble High Court has not granted any stay in the said writ petitions; searches were made by the investigating agency after obtaining due approval from the competent authority and under relevant provisions of law. It is further submitted that the instant application is not maintainable and liable to be dismissed. 6. A report was called from Medical Officer Incharge, Central Jail No.7, Dispensary Tihar, New Delhi regardi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n J/C since 10.12.2020. The investigation in the instant case primarily hovers around documentary evidence which is reported to be in possession of complainant department and the complainant department is not seeking any further custodial interrogation of the applicant/accused. 8. Considering the peculiar health condition of the applicant/accused and the period of incarceration, the applicant/accused is ordered to be released on bail on his furnishing bail bond in sum of Rs. 5,00,000/- with two sureties in the like amount each to the satisfaction of the Ld. CMM/ Duty MM/Link MM and also subject to the following conditions:- (i) That the applicant/accused shall continue to cooperate in the investigation as and when called by the IO, (ii ..... X X X X Extracts X X X X X X X X Extracts X X X X
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