TMI Blog2022 (12) TMI 1364X X X X Extracts X X X X X X X X Extracts X X X X ..... ntentions raised by the respondent authority that investigation is underway is not tenable. Admittedly, complaint is filed before the competent court. In such circumstances, when trial would take considerable time and the respondent authority failed to make out a case that further custody of the applicant is necessary, the detention for further period is unwarranted. The applicants are ordered to be released on regular bail, on executing personal bond of Rs.10,000/- each, with one surety each of the like amount to the satisfaction of the learned Trial Court and subject to the conditions imposed - application allowed. - R/CRIMINAL MISC. APPLICATION NO. 9614 of 2022 With R/CRIMINAL MISC. APPLICATION NO. 9615 of 2022 - - - Dated:- 12-7-20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ally delivery of goods and thereafter, both the applicants were arrested on 28.04.2022 under Section 69 of the Act. It is in this context. It was submitted that no offence is made out against the applicants and their arrest is in contravention of mandatory provisions and rules made thereunder, as power under Section 69 should be used sparingly and reasons must be recorded for the arrest. In the facts of present case, no cogent reasons being assigned by the competent authority for the arrest of the applicants and therefore, the action on the part of the authority is in complete violation of Article 21 of the Constitution of India; (ii) It was submitted that during the search, the authority seized cash amount to the tune of Rs.2,19,95,0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mr. Manan Mehta, learned APP, relying on the contentions raised in the affidavit, raised the following issues : (i) Alleged offence is economic offence and keeping in view the gravity of offence and also, the heavy loss to the government exchequer, no case is made out for exercising discretion in favour of the applicants; (ii) While arresting the applicants, sufficient reasons were being assigned by the authority concerned, as the applicants have committed commercial fraud resulting in evasion of huge amount of tax and therefore, if they are released on bail, the investigation would be hampered; (iii) The co-accused is still at run and there is all chances to increase the fraud amount and the present applicants being a ori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was revealed that the applicants are involved in fraudulently available and passing on in-eligible fake input tax credit amounting Rs.16.53 crores and thereby committed an offence under Section 132(1)(b) and 132(1)(c) of the Act. The applicants after compliance of mandatory provisions have been arrested on 28.04.2022 and upon their production before the Court, their arrest have been authorized by Judicial Magistrate, Rajkot. Their Regular Bail Applications were rejected by the courts below and being aggrieved with the orders, present applications have been preferred. 10. Having considered the facts and circumstances of the present case, this is a case where the applicants were need to be enlarged on bail for the following reaso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of P. Chidambaram Vs. Director of Enforcement,(2020) 13 SCC 791 , wherein the Apex Court, observed that even if the allegation of grave economic offence, it is not a rule that bail should be denied in every case, since there is no such bar created in the relevant enactment passed by the legislature nor does the bail jurisprudence provide so. Therefore, irrespective of nature and gravity of charge, whether bail is granted or not, the consideration will have to be on case to case basis on the facts involved therein and securing the presence of the accused to stand trial. In the facts of present case and reasons as discussed, (i) to (v), the applications deserve consideration. 11. For the foregoing reasons, the applications are allow ..... X X X X Extracts X X X X X X X X Extracts X X X X
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