Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2021 (5) TMI 227

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... aint/charge-sheet in this case. Both applicants/accused persons namely Manish and Vikas are admitted to bail on furnishing bail bonds in the sum of each with one surety of like amount, subject to conditions imposed - bail application allowed. - - - - - Dated:- 4-5-2021 - (AKASH JAIN) ACCM-01/NEW DELHI DISTRICT COURT PATIALA HOUSE Present:- Sh. Hamreet, I-d. spp for DGGI, Gurugram Zonal Unit through VC. Sh. Harsh Sethi, Ld. Counsel for applicants/accused persons Manish and Vikas through VC. This is a joint application for bail under Section 437 Cr.P.C. moved on behalf of applicants/accused persons namely Manish and Vikas through Ld. Counsel. It is argued by Ld. Counsel for applicants/accused persons that applicants .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ayed that both applicants/accused persons may be released on bail. Vide separate reply to the present joint bail application, Ld. SPP for the Department has strongly opposed the bail of the present applicants/accused persons on the ground that total number of 156 firms had been created by co-accused Kabir Kumar and issued invoices of ₹ 4,814 crores all across the country and passed on 697 crores of fake/inadmissible ITC on the strength of such fake invoices. It is further alleged that present applicants/accused persons are the main associates of accused Kabir Kumar in this racket of creating fake firms, issuing fake bills and passing on inadmissible ITCs. It is submitted that cheque book and debit cards of M/s. JR Enterprises and M .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ory period Of 60 days. The grant of bail depends upon complex of facts and factors considered in the light of golden principles laid down from time to time by the Higher Courts. In Dipak Subhash Chandra Mehta v. CBI. (2012) 4 SCC 134, Hon'ble Apex Court held that:- The Court granting bail should exercise its discretion in a judicious manner and not as a matter of course. Though at the stage of granting bail. a detailed examination of evidence and elaborate documentation of the merits of the case need not be undertaken. there is a need to indicate in such orders reasons for prima facie concluding why bail was being granted. particularly. where the accused is charged of having committed a serious offence. The Court granting b .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates