9911796707
TMI Blog2023 (10) TMI 1338X X X X Extracts X X X X X X X X Extracts X X X X ..... , Police Station in Sirsa. 2. The prosecution's case is that on October 24, 2022, a letter dated 11.12.2019 was received from the office of Deputy Excise Taxation Commissioner (ST), Sirsa Vanijya Bhawan, Barnala Road, Sirsa, from Excise Taxation Officer Ward No.5, Sirsa, to the Superintendent of Police, Sirsa, requesting the lodging of an FIR against Madan Lal, son of Shri Sunder Ram, resident of H.No.85, Village Shaidanwali, Tehsil District Sirsa, Proprietor of M/S. J.C. Enterprises, Sirsa, Holding TIN 06722918871. 2.1. In the said letter, it was informed that a firm by the name of M/s. J.C. Enterprises, Janta Bhawan Road, Sirsa, was found involved in claiming a bogus refund on account of input tax credit. During the assessment perio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - to the State Exchequer, as per revision order No. 05A/2011-12 dated 11.11.2014. An FIR was registered. 2.2. During the course of the investigation, initially, co-accused Mahesh was arrested, and after his arrest, the petitioner's name surfaced, ultimately leading to the petitioner's arrest on May 29, 2023, where he has remained in custody since. 3. Learned counsel for the petitioner contends, among other things, that the petitioner was not named in the FIR. He retired as a Joint Commissioner of Excise and Taxation in 2014. He further submits that the petitioner was transferred to Sirsa in 2009 as a Deputy Excise and Taxation Commissioner and remained at Sirsa until 03.07.2012. All the alleged refunds granted to different firms d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een falsely implicated in 15 other cases, and intriguingly, all these cases were registered on the same day, i.e., on 24.10.2020, based on complaints from the same person, under the same sections, with the same set of allegations and the same modus operandi. 4. On the contrary, learned State counsel strenuously opposes the petition, expressing concerns about the possibility of the petitioner fleeing from trial proceedings if granted bail. He submits that the allegations against the petitioner are serious. He submits that petitioner is involved in 22 other cases and only in 01 case, he is on bail. 5. I have heard the rival arguments and reviewed the case file. 6. In response to a query from the Court, under instructions from ASI Abhay Ram ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... further preventive custody. 12. Accordingly, the petitioner is ordered to be released on bail upon furnishing bail bonds and surety bonds to the satisfaction of the learned trial Court, where his case is being tried, and in case he/she is not available, before the learned Duty Judge, as the case may be. 13. In case the petitioner is found involved or gets involved in any offense while on bail, the prosecution shall be at liberty to seek the cancellation of his bail in the instant case. 14. It is made clear that any observations and/or submissions noted hereinabove shall not have any effect on the merits of the case, as they are for the limited purpose of the bail hearing alone, and the learned trial Court shall proceed without being inf ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
