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2019 (5) TMI 1678

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..... Tax Act, 2017. The learned senior counsel, under the instructions, further submits that the applicant is also ready and willing to deposit further amount of ₹ 21 lacs within a period of six months from the date of release of the applicant - In view of the aforesaid, without going into the further merits of the case and looking to the over all facts and circumstances of the case, it is deemed fit to consider the case of the applicant. The applicant is ordered to be released on regular bail - application allowed. - R/CRIMINAL MISC.APPLICATION NO. 6623 of 2019 - - - Dated:- 2-5-2019 - MR. JUSTICE VIPUL M. PANCHOLI MR SV RAJU, SENIOR ADVOCATE WITH D K TRIVEDI(5283) for the Applicant(s) No. 1 MR ANKIT SH .....

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..... y learned senior counsel Mr.Raju for the applicant that maximum punishment prescribed for the alleged offences is five years; (iii) without entering into merits of the case, it is further contended that the father of the applicant has now filed an undertaking before this Court without prejudice to his rights and contentions, wherein it has been stated in paragraphs 3 and 4 as under: 3. Accordingly, it is undertaken that M/s PHD Trading Corporation Ltd. has already paid an amount of ₹ 5,00,000/- towards Tax vide Challan No.CPIN 19032400166851 dtd.14/03/2019. Over and above the same, within a week's time from the date of bail order, I undertake that M/s PHD Trading Corporation Ltd., who has an unutilize3d credit balance .....

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..... so taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in [2012] 1 SCC 40. 7. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being with arrest memo dated 18.3.2019 and F.No.DGCEI/AZU/12(4)73/2018-19 on executing a personal bond of ₹ 10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall; [a] not take undue advantage of liberty or misuse liberty; [b] not act in a manner injurious to the interest of the prosecution; [c] surrender .....

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