9911796707
TMI Blog1986 (12) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... ax Officer, Central Circle-11, against the petitioner. The learned Chief Judicial Magistrate, under his order, took cognizance of the offence and directed issuance of a non-bailable warrant so as to effect attendance of the petitioner to face trial. Apprehending his arrest, a petition was moved in the court of the learned Sessions Judge, Jaipur City, Jaipur, under section 438, Criminal Procedure Code, which was rejected by order dated December 8, 1986. Mr. Jagdeep Dhanker, learned counsel for the petitioner, has pointed out that a search was conducted at the premises of the petitioner on May 12, 1981, and cash amounting to Rs. 96,838 and ornaments valued by the Department at Rs. 48,905 were found and, according to the Department, the pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been filed and several reminders to decide the same have been sent to the Department, but with no effect and the objections are still pending. He has pointed out that the petitioner is a respectable person and is not involved in any criminal case and has no conviction to his discredit. Mr. Amar Singh, learned counsel for the Department, has, on the other hand, stressed that apart from the proceedings under section 276C and 276CC, proceedings under section 277 have also been initiated against the petitioner. He has also pointed out that the matter of foreign exchange recovery of certain amount of Liras is also involved against the petitioner. The value of Liras in Indian currency, according to learned counsel, is about Rs. 10. Learned co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... R 1980 SC 1632, a special Constitutional Bench was constituted to consider the matter of anticipatory bail under section 438, Criminal Procedure Code. It was observed by their Lordships that powers regarding anticipatory bail can be used to save a person from being injured and humiliated by arrest. On the other hand, if it appears that considering the antecedents of the applicant, he may take advantage of order of anticipatory bail and may flee from justice, such order would not be made. It was further observed that it cannot be laid down as an inexorable rule that anticipatory bail cannot be granted unless the proposed accusation appears to be actuated by mala fides. My attention has been drawn to the decision in Ram Ratan Dha mani v. Stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellate Tribunal. Therefore the whole matter is subjudice. Apart from this, the total amount of tax as required by the Department has also been deposited by the petitioner. Keeping in view the principles laid down by their Lordships of the Supreme Court regarding grant of anticipatory bail in the case of Gurbaksh Singh, AIR 1980 SC 1632, 1 am inclined to accept the bail application of the petitioner under section 438, Criminal Procedure Code. It is, therefore, directed that the accused petitioner, Prahlad Rai Saraf, shall be released on bail in Case No. 340 of 1986, pending trial in the Court of the Chief Judicial Magistrate (Economic Offences) Jaipur City, Jaipur, under section 276C of the Income-tax Act, 1961, provided he furnishes pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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