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TMI Blog2021 (12) TMI 1145X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent herein before the learned CMM, New Delhi after the cancellation of bail granted - Petition disposed off. - CRL.M.C. 3535/2021 & CRL.M.A. 20961-20962/2021 - - - Dated:- 24-12-2021 - HON'BLE MS. JUSTICE ANU MALHOTRA Petitioner Through: Mr. Maninder Singh, Sr. Adv. with Mr. Ajay Kumar Pipaniya, Ms. Pallavi Pipania, Advs. Respondent Through: Mr. Harpreet Singh, Sr. Standing Counsel with Ms. Suhani Mathur, Adv. O R D E R CRL.M.A. 20962/2021 (Exemption) Exemption allowed, subject to just exceptions. CRL.M.C. 3535/2021 CRL.M.A. 20961/2021 The petitioner vide the present petition seeks the setting aside of the order dated 22.12.2021 of the Court of the learned CMM in case Directorate General of GST Intelligence, Gurugram vs Kabir Kumar and also seeks restoration of the bail granted to the petitioner vide order dated 05.12.2020 till the pendency of this petition and also seeks stay of the operation of the impugned order. Submissions have been made on behalf of either side. As per record, the petitioner was granted bail vide order dated 05.12.2020 subject to terms and conditions to the effect: 1. That the accused shall jo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... categories such as an economic offences and for refusing bail on the ground that the offence involved belonging to particular category. It cannot, therefore, be said that bail should invariably be refused in cases involving socio economic offences. Further, the investigating agency is having the possession of all the documentary evidence collected so far and all other relevant material which is in the form of stamps, cheque books, debit cards, digital signatures and other material like invoices which they can scrutinize and for such scrutiny which is time consuming the further, detention without any justification seems to be unreasonable. At the same time, interest of the department can be safeguarded by putting conditions on the accused so that he should not come in the way of fair and proper investigation in future also. The respondent in the present petition is indicated thereafter to have filed an application seeking cancellation of bail granted vide order dated 05.12.2020 by the learned CMM, New Delhi, which application was declined vide order dated 18.01.2021 by the learned ASJ-02, New Delhi observing to the effect: Perusal of the record reveals that accused wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsactions, which were further used to fund anti-national activities and which was a threat to the society and the nation, that the accused was at the helm of a well established network of defrauding the exchequer and was the perpetrator of a grave economic crime and was destroying the framework of the nation's economy. In reply to a specific Court query to the senior Standing Counsel representing the respondent as to apart from the disclosure statement recorded of the stated accused Manish and Vikas as mentioned in para 2 of the second application seeking cancellation of bail that had been filed before the learned CMM, New Delhi whether there was any further incriminating evidence that had been collected in relation to any further offence committed after the date 05.12.2020 by the applicant, to which, presently the response is in the negative submitting to the effect that investigation is in progress. It has been submitted on behalf of the applicant that the mere disclosure statements by the accused Manish and Vikas per se would not suffice to allege to the effect that the applicant had committed any offence. The said contention presently appears to be correct in view of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s directed vide order dated 09.12.2021 for the date 16.12.2021, which appears to be correct in view of the proceedings dated 23.10.2021 of the Court of the learned CMM, which reads to the effect: 23.10.2021 Proceedings conducted through video conferencing on Cisco Webex. Present: Mr. Harpreet Singh, Ld. SPP for the department through VC. None for the respondent/accused through VC. On behalf of applicant, nobody is appearing, however, in the interest of justice, last opportunity is granted to address arguments on behalf of respondent on 28.10.2021. Copy of this order be also sent to all the parties through email/Whatsapp. It is certified that the connection during hearing (through Cisco Webex was uninterrupted and the voice and video was clear and the Ld. APP for the State and Ld. Counsel for the parties appearing through VC did not raise any objection regarding the quality of V/C. The same indicates thus that though on that date, the SPP for the department was present through VC, there was none for respondent / accused through VC and it was mentioned further in the said order: On behalf of the applicant nobody is appearing however, in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h virtual means. Application is opposed on behalf of the prosecution submitting that accused is deliberately not appearing before the Court. It is submitted that accused had adopted the similar ways to debunk ongoing investigation which necessitated filing of instant application as the very conditions of the bail was flouted by him. Ld. SPP for the department submits that conduct of the accused may be noted down. Heard. Perused. From the facts, it is apparent that accused is trying to avoid his presence before the Court and taking baseless excuses. On 20.12.2021 , despite being directed to appear in person, he did not appear even through VC on the pretext of Covid 19 test. Today, despite he has been detected negative for the Covid 19, he failed to appear before the Court physically and appeared through VC and took the pretext of advise of his doctor which is apparently to avoid appearance. Accordingly it is directed to the accused to remain physically present before Court on 22.12.2021 at 10:00 am as last opportunity as it is amply clear that accused is avoiding appearance intentionally despite specific directions. In reply to a specific Court query, it is infor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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