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TMI Blog2017 (2) TMI 605X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the office of the Commissioner of the Commercial Taxes, finds that the discretion deserves to be exercised in favor of the applicant under Section 438 of the Code - without prejudice to the right of the accused to seek stay against an order of remand, if ultimately granted, and the power of the learned Magistrate to consider such a request in accordance with law. It is clarified that the applicant, even if, remanded to the police custody, upon completion of such period of police remand, shall be set free immediately, subject to other conditions of this anticipatory bail order - applicant to be released on bail - application for bail disposed off. - CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL ) NO. 34244 of 2016 - - - Dated:- 8-2-2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fficer calls him for investigation. He, therefore, urged to exercise the discretion in favor of the applicant under Section 438 of the Code. [3] Learned APP Ms. Thakkar submitted that the allegations made in the FIR are as regards causing huge loss to the public exchequer by creating fake Firms and getting registration from the office of the Commissioner of the Commercial Taxes in the name of fake Firms. She submitted that in the name of fake Firms, since the Government is put to huge loss since the investigation is in progress, the Court may not exercise the discretion in favour of the applicant under Section 438 of the Code at this stage. [4] The Court, having heard learned advocates for both the sides, and having perused the police ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ange his residence till the final disposal of the case or till further orders; (f) shall not leave India without the permission of the Court and, if having passports shall surrender the same before the Trial Court within a week. [6] This order shall not be construed to divest the Investigating Agency to ask for remand of the applicant if required. In such case, the applicant shall remain present before the learned Magistrate on the first date of hearing of such application and on all subsequent occasions, as may be directed by the learned Magistrate. This would be sufficient to treat the accused in the judicial custody for the purpose of entertaining application of the prosecution for police remand. This is, however, without prejudice ..... X X X X Extracts X X X X X X X X Extracts X X X X
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