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2022 (5) TMI 1580

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..... cused or attempt to so interfere, with the due course of administration of justice or an evasion or attempt to evade the due course of justice or an abuse of the concession granted to the accused in any manner. It is clear, in the present case, the petitioner/complainant has not been able to establish any of these factors, even on a prima facie view of the matter. There is no material placed on the record to show that the respondents/accused persons are a flight risk. No supervening circumstances have been brought to the notice that would establish that it would be no longer conducive to a fair trial to allow the accused to retain their freedom. Though the arguments were advanced on behalf of the respondents to the effect that no offe .....

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..... egistered Partnership Deed dated 10th April, 2014 for manufacturing remote controls under the name and style of M/s. S.S. Manufacturing. Both partners had invested money in the firm. Subsequently, in December, 2015, the petitioner/complainant and his father had even mortgaged their house for procuring a loan for the benefit of the partnership firm. However, in January, 2019, the petitioner/complainant claims to have realized that the respondent No. 1/accused No. 1 had sold off remotes worth Rs. 6 lakhs without any invoices and had used the said money, actually belonging to the firm, for his personal use. It was also alleged by the petitioner/complainant that the respondents/accused persons were running another company by the name of M/s. Ru .....

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..... /accused with the witnesses and for recovery of testing equipments, computers and software essential for manufacturing of remotes and to unearth the role of everyone involved in this conspiracy. 6. In the reply filed by the respondents No. 1 to 4 against cancellation of their bail, it is submitted that the petition had been filed in order to extort money from the respondents No. 1 to 4. It is submitted that investigations have been completed and even as per the petitioner/complainant and the Investigating Officer, several times the respondents were asked to and have joined the investigations. The respondent/State has not challenged the order of granting bail to respondents No. 1 to 4 at any point of time. Therefore, to take a stand that .....

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..... he due course of justice or an abuse of the concession granted to the accused in any manner. It is clear, in the present case, the petitioner/complainant has not been able to establish any of these factors, even on a prima facie view of the matter. There is no material placed on the record to show that the respondents/accused persons are a flight risk. No supervening circumstances have been brought to the notice that would establish that it would be no longer conducive to a fair trial to allow the accused to retain their freedom. 9. Though the arguments were advanced on behalf of the respondents to the effect that no offence was made out, but it is not considered apposite to discuss that aspect in the present petition, as those considera .....

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