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2021 (11) TMI 580

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..... dismissed and a revision challenging the said order has been withdrawn from the Court of learned Additional Sessions Judge, Chandigarh on 08.09.2021. It cannot be said that the son of the petitioner is in illegal confinement nor can the impugned order, Annexure P-6, dismissing the application seeking release on default bail be set aside in the present proceedings. Petition dismissed. - CRWP-8017-2021 (O&M) - - - Dated:- 28-10-2021 - HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Jagmohan Bansal, Senior Advocate with Mr. N.K. Bindal, Advocate for the petitioner. Mr. Rajesh Sethi, Advocate for the respondent. **** Suvir Sehgal, J. (Oral) Heard through video conferencing. CRM-W-1331-2021 For th .....

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..... WP No.11458 of 2021 , which has been filed before this Court, assailing the vires of Section 69 and 132 of CGST Act, is pending. Counsel points out that the order passed by the Magistrate permitting the respondent to record the statement of the detenue has been stayed by the learned Additional Sessions Judge vide order dated 17.08.2021, Annexure P-3. Counsel urges that it is an issue of personal liberty of an individual and impugned order dated 18.08.2021, Annexure P- 6, whereby the application seeking grant of default bail has been declined, is against the provision of Section 167 Cr.P.C. and violative of Article 21 of the Constitution. Opposing the petition, counsel representing the respondent has submitted that on the basis of specif .....

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..... omplaint for offence punishable under Section 132 of the CGST Act has been filed before a Judicial Magistrate and the petitioner is in judicial custody. Vide order dated 18.08.2021, Annexure P-6, application filed under Section 167 (2) Cr.P.C by the detenue - Sahil Garg seeking grant of default bail has been dismissed and a revision challenging the said order has been withdrawn from the Court of learned Additional Sessions Judge, Chandigarh on 08.09.2021. Moreover, petition (CRWP-6201-2021) preferred by the petitioner at an earlier point of time with similar prayer has been withdrawn from this Court vide order dated 20.07.2021. In the given facts and circumstances, it cannot be said that the son of the petitioner is in illegal confinement n .....

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