TMI Blog2023 (1) TMI 1250X X X X Extracts X X X X X X X X Extracts X X X X ..... s and circumstances of the present case, we find it proper to grant the prayer made by the petitioner. In present case, the petitioner is in custody since 21.07.2022 and charge sheet has been filed on 16.09.2022. Taking into consideration the contentions advanced by learned counsels for the respective parties and especially the law laid down by the Hon be Supreme Court of India in case Ratnambar Kaushik; but, without expressing any opinion on the merits of 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-Vishesh Sahal S/o Shri Dinesh Prakash Sahal shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons, relied upon judgments of Hon ble Supreme Court of India dated 05.12.2022 passed in Special Leave to Appeal (Crl.) No. 10319/2022: Ratnambar Kaushik versus Union of India and dated 11.07.2022 passed in Misc. Application No. 1849/2021 in Special Leave Petition (Crl.) No. 5191/2021: Stender Kumar Antil vs. Central Bureau of Investigation Anr. Per contra, learned counsel for the respondent would submit that there is grave allegation against the petitioner of not only evasion of tax amount to the tune of ₹17 crores; but, of forging the documents too. 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 Red ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eighing about 35,57,450 kgs. is detected, these are all matters to be established based on the evidence, in the trial. 6. In considering the application for bail, it is noted that the petitioner was arrested on 21.07.2022 and while in custody, the investigation 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 adhe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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