TMI Blog2022 (12) TMI 1031X X X X Extracts X X X X X X X X Extracts X X X X ..... rder passed by learned Sessions Judge that applicant made prayer before Sessions Judge while arguing the bail application that he was ready to pay the 10% of Rs.7 crores and 7 lacs and learned Magistrate considered his prayer and granted bail. After getting bail, applicant withdrew himself from argument raised before Sessions Judge. The trial court after considering prayer and granted bail with condition. It appears that court has granted bail after considering submission of applicant. The Hon ble Apex Court in his judgement has passed the order in Chhaya Devi Vs. Union of India and another [ 2021 (4) TMI 980 - SC ORDER ], which are entirely different from the present case as condition has been imposed on prayer of the applicant, hence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ceived without actual receipt of the goods from certain non-existing firms. Further it was alleged that the applicant had been receiving raw material from certain supplier-firms which appeared to be indulged in passing on of fraudulent ITC by way of issuing invoices/bills without any concomitant supply of goods and the ITC so availed was arrived out to be the tune of Rs.12.55 crores for the period of April, 2019 to 2020. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant has been intentionally dragged in the present case. Senior Intelligence Officer, Directorate General of GST Intelligence, Zonal Unit, Meerut summoned the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation against the applicant. He has placed reliance upon the judgment of Hon ble The Apex Court passed in Special Leave to Appeal (Crl.) No.1274 of 2021 in the case of Manoj Kumar Sood and another Vs. State of Jharkhand . The concerned paras are quoted herein below:- It is well settled by a plethora of decisions of this Court that criminal proceedings are not for realization of disputed dues. It is open to a Court to grant or refuse the prayer for bail, depending on the facts and circumstance of the particular case. The factors to be taken into consideration, while considering an application for bail are, the nature of accusation and the severity of the punishment in the case of conviction; the nature of the materials relied upon by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iance on the judgment passed by Hon ble Apex Court on 01.10.2020 in the case of Parvez Noordin Lokhandwalla Vs. State of Maharashtra and another, (2020) 10 Supreme Court Cases 77 in which para 14 is quoted hereinbelow:- 14. The language of Section 437(3) of the Cr.P.C. which uses the expression any condition otherwise in the interest of justice has been construed in several decisions of this court. Though the competent court is empowered to exercise its discretion to impose any condition for the grant of bail under Sections 437 (3) and 439 (1) (a) of the Cr.P.C., the discretion of the court has to be guided by the need to facilitate the administration of justice, secure the presence of the accused and ensure that the liberty of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... annot withdrew himself from prayer made before the learned Sessions Judge, Meerut. Learned counsel for the informant has placed reliance upon the judgment of Hon ble The Supreme Court passed in the case of Chhaya Devi Vs. Union of India and another, Special Leave to Appeal (Crl.) No.3313 of 2021 , in which Supreme Court has released the applicant on bail with condition that applicant would deposit the amount. Considering the facts and circumstances of the case and submissions advanced by learned counsel for the parties and it is evident that the instant bail application has been filed for quashing of the order of condition No.3 passed on 24.09.2021 and at the time of argument before trial court applicant was agreed with condition No. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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