9911796707
TMI Blog2021 (7) TMI 1254X X X X Extracts X X X X X X X X Extracts X X X X ..... ed bail on 9th March, 2021 till date complaint has not been filed and in case the petitioner was in custody in the event of the complaint not being filed in 60 days, he would have been entitled to default bail. The finding of the learned CMM was that the investigation qua the petitioner was almost complete. There is no averment of the respondent that any further recovery is required to be made from the petitioner. In case other offenders are evading arrest, the same cannot be a ground to cancel the bail granted to the petitioner. Till the next date of hearing, the operation of the impugned order dated 17th July, 2021 is stayed and the NBWs issued against the petitioner are kept in abeyance - List on 7th September, 2021. - CRL.M.C. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ear imprisonment. 3. Contentions of the respondent before the learned ASJ seeking cancellation of the bail of the petitioner inter alia were that the petitioner in the statements dated 7th June, 2018 and 6th July, 2018 before DRI admitted to be the owner of a fake and non-existing firm M/s S.S. Company in the name of his mother Smt. Shoba Devi (now deceased) as dummy proprietor and that he defrauded the department by forming different firms and opening different bank accounts with two different PAN numbers and thus was a habitual offender. Further that the petitioner did not join the summons issued prior to the lockdown and on 5th August, 2020 and 16th November, 2020. It was further contended that the observations of the learned CMM in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ading and maintaining false facts and in view of the dubious conduct of the petitioner, it gives a clear impression that he is misleading the investigation as also influencing the witnesses and thus taking note of the nature of accusation and dubious conduct of the petitioner cancelled the bail. 5. It is trite law that considerations relevant at the time of grant of bail are different than the considerations at the time of cancellation of bail after the accused has remained in custody. Admittedly, the investigation had started in the year 2018 and was continuing when the petitioner was arrested on 9th February, 2021 and was granted bail on 9th March, 2021. On a query raised by this Court to learned counsel for the respondent as to the st ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
