TMI Blog2021 (7) TMI 992X X X X Extracts X X X X X X X X Extracts X X X X ..... he considered opinion of this court, after the aforementioned orders were passed rejecting the applications, no substantial change in circumstances or any exceptional aspect has been pointed out by the applicant, which would warrant his release on bail under the provision of section 439 of the Cr.P.C. Application dismissed. - R/CRIMINAL MISC.APPLICATION NO. 10878 of 2021 - - - Dated:- 5-7-202 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... btained the tax credit to an extent of about ₹ 60 Crores through 35 fictitious firms allegedly established by him in connivance with other persons for claiming tax credit on the goods not sold by raising fake and bogus invoices. (3) Learned Senior Advocate Mr.Shalin Mehta has pointed out that in similar set of facts in other case vide order dated 23.04.2021 passed in Special Misc. Applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e bail application. Initially, the application seeking regular bail being Criminal Misc. Application No.6237 of 2020 was rejected by the coordinate bench of this Court vide order dated 05.05.2020. The said order was challenged by the applicant before the Supreme Court in Special Leave to Appeal (Cri) No.4050 of 2020. The same was dismissed vide order dated 03.09.2020 by observing thus: After ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion No.6237 of 2020. Thereafter, it appears that in the further affidavit dated 17.12.2020 filed by Assistant Sales Tax Commissioner, it is stated that a recovery total recovery of ₹ 36.94 crore is effected till 01.12.2020. As observed by this Court in the order dated 05.05.2020, there are 92 beneficiary firms which are under scrutiny. There is loss of ₹ 60 crores to the public ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oned application is yet again filed seeking the regular bail. In the considered opinion of this court, after the aforementioned orders were passed rejecting the applications, no substantial change in circumstances or any exceptional aspect has been pointed out by the applicant, which would warrant his release on bail under the provision of section 439 of the Cr.P.C. (7) Hence, the application s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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