TMI Blog2022 (2) TMI 512X X X X Extracts X X X X X X X X Extracts X X X X ..... nd in case, those allegations are proved, the petitioner can be sentenced to under go imprisonment for a maximum period of five years. As of now, during the course of trial itself, the petitioner has undergone custody for the last 02 years and 08 months - in the present case, the custody period of the petitioner is more than the accused, who was before the Hon'ble Supreme Court of India, especially, in view of the fact that the assertions of the petitioner is that the entire wrongful tax credit amount stands discharged by the recipient tax payer firm and there is no loss, as of now, to the State exchequer, coupled with the fact that the trial is likely to take some time before it concludes as the Courts are working in a restrictive mann ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icted of the offence, is maximum of five years, whereas, the petitioner is behind the bars for the last 02 years and 08 months, which is more than the half of the maximum sentence, which could be awarded to the petitioner, if, he is convicted. Learned counsel for the petitioner submits that as the allegations alleged against the petitioner are yet to be proved during the course of trial, the petitioner may kindly be extended the concession of regular bail by imposing any terms and conditions so as to ensure that petitioner does not flee the trial. Learned State counsel submits that the allegations alleged against the petitioner are very serious in nature and the petitioner is a habitual offender as he has involved in another FIR also tho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed and in case, those allegations are proved, the petitioner can be sentenced to under go imprisonment for a maximum period of five years. As of now, during the course of trial itself, the petitioner has undergone custody for the last 02 years and 08 months. Keeping in view the facts and circumstances recorded hereinbefore, and the fact that in the present case, the custody period of the petitioner is more than the accused, who was before the Hon'ble Supreme Court of India, especially, in view of the fact that the assertions of the petitioner is that the entire wrongful tax credit amount stands discharged by the recipient tax payer firm and there is no loss, as of now, to the State exchequer, coupled with the fact that the trial is l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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