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TMI Blog2021 (6) TMI 682X X X X Extracts X X X X X X X X Extracts X X X X ..... HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL. Mr. Jagmohan Bansal, Senior Advocate, with Mr. G.S. Saini and Mr. Aman Garg, Advocates, for the petitioner Mr. Luvinder Sofat, AAG, Punjab. Mr. Sourabh Goel, Advocate, for the complainant ORDER MANJARI NEHRU KAUL, J. (Oral) Prayer in this petition filed under section 438 of the Code of Criminal Procedure 1973 is for seeking anticipatory bail in a case FIR No. 177 dated 26.12.2020 (Annexure P-1) lodged under Sections 420, 465, 467 468, 471 and 120-B of the Indian Penal Code 1860 registered at Police Station Daresi, District Ludhiana, Punjab. Learned senior counsel for the petitioner, inter alia, contends that the allegations leveled in the FIR in question to the effect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lready stood initiated against him. He further submits that the essential ingredients to attract the mischief of Sections 415 and 420 of the Indian Penal Code, 1860 were clearly not made out with respect to the allegation leveled against the petitioner in the FIR in question. In support of his averments, learned senior counsel has placed reliance on a judgement passed the Hon'ble Supreme Court in the case of Md. Ibrahim Vs. State of Bihar; 2009 (8) SCC 751. It has, thus, been submitted that the petitioner, who is a lady and does not have any criminal antecedents deserves the concession of anticipatory bail, as she has been falsely framed in the instant case at the behest and instance of the GST Department. Per contra, learned coun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Learned counsel for the complainant has still further submitted that repeated summons issued under Section 70 of the GST Act, were sent at the address of the petitioner for recording her statement, however, she had been avoiding the same. He has also submitted that as far as the instant case is concerned, the mala fides on the part of the petitioner is writ large in as much as she has given an incorrect address in the present petition which is contrary to the address given by her and her husband before the GST authorities. Learned counsel for the State has also vehemently opposed the submissions made by the learned senior counsel for the petitioner by contending that the custodial interrogation of the petitioner is necessitated, as t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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