9911796707
TMI Blog2021 (7) TMI 1254X X X X Extracts X X X X X X X X Extracts X X X X ..... ions Judge cancelling the bail granted to the petitioner by the learned CMM vide order dated 9th March, 2021. 2. Learned counsel for the petitioner states that based on vague allegations of tempering of evidence and influencing the witnesses, learned Additional Sessions Judge cancelled the bail. He further states that the petitioner was in judicial custody for 30 days and in any case any further judicial custody would have not furthered the interest of the respondent in carrying out the investigation, since there was no material whatsoever with the respondent to show that the petitioner tried to influence the witnesses or tempered with the evidence. It is further stated that the offence alleged is punishable with a maximum sentence of impr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nesses. 4. This Court has perused the impugned order passed by the learned ASJ and the order of the learned CMM as well. The findings of the learned ASJ are that statement of the employees of the firms which are vital and have not been withdrawn revealed availment and utilization of ineligible Input Tax Credit through IGST refund by resorting to fraudulent means, the investigation of the case is in progress though started in the year 2018, however considering the Covid-19 situation and the nation-wide lockdown, the respondent did not get sufficient time to carry out the investigation, finding of the learned CMM that the investigation qua the petitioner is almost complete is contrary to the record as number of offenders are involved who are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion qua the petitioner was almost complete. There is no averment of the respondent that any further recovery is required to be made from the petitioner. In case other offenders are evading arrest, the same cannot be a ground to cancel the bail granted to the petitioner. Further the fact that the petitioner did not join the investigation pursuant to summons before the lockdown or thereafter is not relevant at this stage for the reason the petitioner was not granted anticipatory bail but was granted regular bail after he stayed in custody for 30 days and thus whatever investigation which was required to be carried out ought by keeping the petitioner in custody had been conducted. Prima facie giving contrary statements before the DRI and GST ..... X X X X Extracts X X X X X X X X Extracts X X X X
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