TMI Blog2023 (1) TMI 240X X X X Extracts X X X X X X X X Extracts X X X X ..... the case, this Court deems it just and proper to enlarge the petitioner on bail. The bail application is allowed and it is directed that accused-petitioner Khem Chand Thathera S/o Shri Nanagram Thathera shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of Rs.1,00,000/- together with two sureties in the sum of Rs.50,000/- each to the satisfaction of the trial court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C. Petition disposed off. - HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL For Petitioner(s) : Mr. Siddharth Ranka assisted by Mr. M. Iqb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 05.12.2022 passed in Special Leave to Appeal (Crl.) No.10319/2022: Ratnambar Kaushik versus Union of India. Per contra, learned counsel for the respondent would submit that there is grave allegation against the petitioner of evasion of tax amount to the tune of ₹20.83 Cr. He, therefore, prayed for dismissal of the bail application. He, in support of his submissions, relied upon judgment of Hon ble Supreme Court of India in case of Y.S. Jagan Mohan Reddy versus Central Bureau of Investigation: (2013) 7 Supreme Court Cases 439 and the judgment dated 05.07.2021 in case of Ashok Kumar Sihotiya versus Union of India: 2021 SCC OnLine Raj 2795 passed by a Coordinate Bench of this Court and another judgment dated 07.09.2021 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation has been completed and the charge sheet has been filed. Even if it is taken note that the alleged evasion of tax by the petitioner is to the extent as provided under Section 132(1)(l)(i), the punishment provided is, imprisonment which may extend to 5 years and fine. The petitioner has already undergone incarceration for more than four months and completion of trial, in any event, would take some time. Needless to mention that the petitioner if released on bail, is required to adhere to the conditions to be imposed and diligently participate in the trial. Further, in a case of the present nature, the evidence to be tendered by the respondent would essentially be documentary and electronic. The ocular evidence will be through official w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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