9911796707
TMI Blog2022 (5) TMI 1184X X X X Extracts X X X X X X X X Extracts X X X X ..... T Act, 2000, and 419 and 120-B IPC added later on) at Police Station Cheeka, District Kaithal. The FIR was registered on the statement of Shiv Kumar and the allegations as noticed by the ld. Addl. Sessions Judge, Kaithal in the order dated 12.08.2021are as under: ".... lodged on the complaint of Shiv Kumar, Proper Officer-cum-ETO-cum-State GST Officer, Ward No.5 Kaithal, while stating that as per letter dated 05.01.2019 regarding lodging of First Information Report against bogus/fake firms; that one firm namely Mansi Alloys, village Bhagal was identified on verification and it was found that no firm exist on the given address and was floated in papers only and during the course of further inquiry neither proprietor Rinku Aggarwal could b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eturned back to complainant. Learned counsel further submitted that the said fake firm is creation of co-accused Rahul Sharma, who had issued the bills to various purchasers and claimed the tax benefits. According to them, the investigation of the case is complete, and the charges have also been framed on 27.10.2021, but no prosecution witness has been examined so far, therefore, they have prayed for bail. Learned State counsel assisted by ASI Vikram has argued that the accused persons by creating this bogus firm in the name of M/s Mansi Alloys, have made a wrongful gain of approximately Rs.5,69,00,000/- by claiming input tax credit against the total sales of approximately Rs.31,00,00,000/-. According to him, in fact, the proprietor of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se, they have already been released on regular bail vide order dated 11.11.2021 and 29.03.2022 respectively. Learned counsel have produced the copies of the bail orders during the course of hearing. After hearing the learned counsel for the parties, considering the above background and custody of the petitioners, this Court is of the opinion that the conclusion of trial is likely to consume considerable time, as only two prosecution witnesses have been examined out of total thirty four prosecution witnesses, therefore, further detention of the petitioners may not serve any useful purpose, who are presently confined in judicial custody after their arrest. Apart from it, the material witnesses are police officials and officials of Excise Dep ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
