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TMI Blog2022 (9) TMI 261X X X X Extracts X X X X X X X X Extracts X X X X ..... ule. Learned APP Mr. Dabhi waives service of rule on behalf of the respondent-State. 3. By way of this application under Section 438 of the Code of Criminal Procedure, 1973, the applicant prays for being released on anticipatory bail in connection with FIR No. 11210015220114 of 2022 registered with D. C. B. Police Station, Surat City, District Surat City on 01.07.2022 for offences punishable under Sections 420, 467, 468, 471, 506(2) and 114 of the Indian Penal Code. 4. The applicant having initially approached the learned Sessions Court, praying for the very selfsame relief of being released on anticipatory bail, having not succeeded before the learned Sessions Court, has approached this Court. 5. Learned Advocate Mr. Popat with learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Learned Advocates for the applicant would further submit that insofar as the allegations under the Goods and Service Tax Act are concerned, the said allegations, would not be within the purview of the Investigating Officer to investigate, more particularly, according to the learned Advocates for the applicant, the said alleged offences, have to be investigated by officers of the concerned department. Learned Advocate Mr. Popat would submit that the FIR having been registered on 01.07.2022 and whereas it appears that the application with regard to the allegations having been submitted even earlier to that, till date there is no notice received by the present applicant from the GST department and therefore, since there is an attempt by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld not over shadow the principal allegations made in the FIR with regard to the offence punishable under Section 420 etc. Learned Advocate Mr. Saiyed would submit that in case this Court were inclined to grant anticipatory bail to the present applicant then the amount which is sought to be deposited by the applicant before the learned Trial Court, may rather be given to the first informant and whereas the first informant is ready and willing to submit any undertaking for return of the amount as may be deemed appropriate by this Court. 8. Learned Advocate Ms. Lodha on behalf of the present applicant would oppose such a submission made by learned Advocate Mr. Saiyed and would submit that at this stage this Court may not direct the applicant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Goods and Service Tax department, more particularly, as per chapter 14 of the Goods and Service Tax Act. It also requires to be mentioned that the said proposition is also not disputed by the learned APP Mr. Dabhi. [4] It also appears that no notice has been received by the applicant from the Goods and Service Tax department with regard to the said allegations. [5] It also appears that there are no antecedents of the present applicant being involved in any criminal activity herein before. 11. In this view of the matter and considering the law laid down by the Hon'ble Apex Court in the case of Siddharam Satlingappa Mhetre v. State of Maharashtra and Ors. reported in (2011)1 SCC 694, this Court is inclined to consider this applicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eas upon such deposit, the learned Trial Court shall have the amount deposited in the Fixed Deposit account for a long term period, and whereas appropriate directions with regard to disbursement of the amount may be taken by the learned Trial Court at the end of the trial, as per its final decision. 13. Despite this order, it would be open for the Investigating Agency to file an application for police remand of the applicant to the competent Magistrate, if he thinks it just and proper and learned Magistrate would decide it on merits. The applicant shall remain present before the learned Magistrate on the first date of hearing of such application and on all subsequent occasions, as may be directed by the learned Magistrate. This would be su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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