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TMI Blog2023 (5) TMI 1016X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Conditions no. 2, 3, 4, 5 and 6 of the said bail order. 2. It is argued by Ld. Standing counsel that in compliance of the directions mentioned in the bail order, accused has not deposited the Passport with the IO; accused has left the NCR region without giving prior intimation to the IO; he has indulged himself in influencing the witnesses; he has not cooperated with the investigating agency and lastly, he has not refunded the amount of Rs. 18 crores to the department as directed. Reliance is placed by applicant on Pool Pandi etc v. Superintendent, Central Excise and Others 1992 AIR 1795. 3. In response to the present application, Ld. Counsel for the respondent/accused has submitted that present application is an abuse of process of l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent from the side of the accused. It is needless to say that no one stops the IO to trace out further evidence in this regard. It is pertinent to mention here that there are no allegations that accused has violated condition no. 1 to show any use of such passport. CONDITION NO. 3: ACCUSED SHALL GIVE PRIOR INTIMATION TO THE IO ON HIS MOBILE PHONE BEFORE LEAVING THE NCR FOR ANY PURPOSE AND GOOGLE PIN HAS ALSO TO BE DROPPED IN CASE, ACCUSED IS LEAVING THE NCR: 9. On this point, IO has submitted that respondent/accused had left NCR to travel to Raxaul, Bihar on 16.02.2023 without giving any prior intimation and without sharing google pin location with the IO. 10. The violation of this condition has not been disputed by Ld. Defence counsel. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s in the case of the prosecution but infact he is the accused in the present case. 13. It is also submitted that accused in his statement dated 20.02.2023 and 21.02.2023 has stated that he had intentionally destroyed the evidence such as his mobile phone wherein there were whatsapp chats, emails etc related to M/s Harsha International and refused to produce the same and he also stated that he had formatted his mobile phone and sold his mobile phone to a Nepali citizen. 14. On being enquired from the IO about the destruction of the mobile phone and information contained therein, it is submitted that this instance of destruction of evidence is prior to passing the bail order dated 02.02.2023. Nothing of this sort has surfaced or has been al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tted that accused has joined the investigation. So when the accused has joined the investigation on several dates and also got recorded his statement, then violation of this condition of non-joining the investigation does not arise and violation of the same has been alleged without any basis. CONDITION NO. 6: ACCUSED SHALL REFUND THE AMOUNT OF RS. 18 CRORES TO THE DEPARTMENT WITHIN 15 DAYS FROM TODAY: 19. Regarding violation of this condition, it is submitted by Ld. Standing Counsel that claim of respondent/accused of depositing Rs. 18,19,63,214/with CGST is not correct and not in accordance with the CGST Act, 2017. 20. In response to the said allegation, Ld. Defence counsel has referred to Para no. 17 of the impugned bail order which r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt to carry out further investigation in this regard and to justify that actually no refund of Rs. 18 crores has been made by the respondent/accused but on perusal of the record produced by the respondent/accused, which has not been disputed by the department and also in view of the averments made by the parties, this court reaches to this conclusion that there is no violation of condition no. 6 also by the respondent/accused. 23. In Dolat Ram and Others v. State of Haryana, (1995) 1 SCC 349, Hon'ble Supreme Court has observed here as under : "... 4. Rejection of bail in a nonbailable case at the initial stage and the cancellation of bail so granted, have to be considered and dealt with on different basis. Very cogent and overwhelming ..... X X X X Extracts X X X X X X X X Extracts X X X X
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