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2022 (10) TMI 618

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..... of Delhi can approach the court at Delhi for seeking anticipatory bail. In the present case without touching upon merits of the matter which would be decided later, it is evident that registered office of M/s Best Crop Science Pvt. Ltd is in Delhi, even as per reply of the Department some of the fake suppliers were under control and managed by the employees of M/s Best Crop Science Pvt. Ltd at Delhi. These facts by itself are clearly indicative that courts at Delhi can entertain the application - this court can entertain present application for bail u/s 438 Cr.P.C. At this stage when this court has not considered facts of present case, on merits, no case is made out for giving any interim relief which of course would be decided upon .....

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..... nd M/s Tarun Chemicals were being controlled and managed through employees of M/s Best Crop Science Pvt. Ltd. Details of those 12 fake suppliers is mentioned on page 14 of the reply. Ld. Senior counsel for accused/applicant submits while relying upon the judgment of Hon ble High Court of Delhi in Satish Kumar Sharma vs. Delhi Administration and Ors. MANU/DE/0089/1990 that as per the reply of the Department itself some of the fake suppliers from which fake supply/invoices were allegedly created, were in Delhi. Admittedly the registered office of M/s Best Crop Science Pvt. Ltd and other sister concerns of that company is also at Delhi. Therefore even as per prosecution version accused/applicant is entitled under the law to approach Delhi c .....

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..... Pritam Singh vs. State of Punjab MANU/DE/0279/1980 , judgment of Calcutta High Court in B.R. Singh vs. The State MANU/WB/0374/1981 as well as judgment of Apex Court in Gurbaksh Singh Sibbia vs. State of Punjab MANU/SC/0215/ 1980 have also been referred to. Perusal of those judgments would clearly lay down legal proposition to the effect that relief of anticipatory bail can be applied even in the court where accused is residing or working for gain. In the present case without touching upon merits of the matter which would be decided later, it is evident that registered office of M/s Best Crop Science Pvt. Ltd is in Delhi, even as per reply of the Department some of the fake suppliers were under control and managed by the emplo .....

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