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TMI Blog2022 (9) TMI 261X X X X Extracts X X X X X X X X Extracts X X X X ..... icant would be without prejudice, willing to deposit half of the amount i.e. Rs. 45 lakhs with the learned Trial Court. This Court has also considered the submissions that allegations with regard to the possible offences under the Goods and Service Tax Act, would require to be investigated into by the officers of the Goods and Service Tax department, more particularly, as per chapter 14 of the Goods and Service Tax Act. It also requires to be mentioned that the said proposition is also not disputed by the learned APP Mr. Dabhi - It also appears that no notice has been received by the applicant from the Goods and Service Tax department with regard to the said allegations. The present application is allowed by directing that in the even ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ipatory bail, having not succeeded before the learned Sessions Court, has approached this Court. 5. Learned Advocate Mr. Popat with learned Advocate Ms. Lodha would submit that the FIR is in two parts, in as much as one part of the FIR, inter alia alleges that the accused had lured the first informant to invest an amount of Rs. 90 lakhs in the business venture of the accused and whereas the accused have neither returned the principal nor returned the proposed profit/ interest amount to the first informant. The second part is with regard to some alleged offences under Goods and Service Tax Act. Learned Advocates for the applicant would submit that the FIR is a counter blast, more particularly, to a civil liability which has been incurred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to that, till date there is no notice received by the present applicant from the GST department and therefore, since there is an attempt by the Investigating Officer to investigate into the said offences, this Court may protect the applicant. 6. Submissions of learned Advocates for the applicant have been vehemently opposed by learned APP Mr. Dabhi. Learned APP Mr. Dabhi would submit that while there are prima facie allegations made in the FIR with regard to the allurement, and whereas it also appears on basis of the investigation carried out till now that there are witnesses to the transaction between the first informant and the present applicant. Learned APP Mr. Dabhi insofar as the offences under the Goods and Service Tax Act, would ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplicant would oppose such a submission made by learned Advocate Mr. Saiyed and would submit that at this stage this Court may not direct the applicant to transfer the amount to the first informant and whereas the present applicant would deposit the amount with the learned Trial Court which may at the end of the trial, decide appropriately as to whom should the said amount be given to. 9. Insofar as the request of learned Advocate Mr. Saiyed for directing the said amount to be paid to the present applicant, since the same has been objected to by learned Advocate Ms. Lodha on behalf of the applicant, this Court deems it appropriate to accept the submissions of learned Advocates for the applicant and direct the applicant to deposit such am ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court in the case of Siddharam Satlingappa Mhetre v. State of Maharashtra and Ors. reported in (2011)1 SCC 694, this Court is inclined to consider this application. 12. In the result, the present application is allowed by directing that in the event of applicant herein being arrested pursuant to the FIR No. 11210015220114 of 2022 registered with D. C. B. Police Station, Surat City, District Surat City, the applicant shall be released on bail on furnishing a personal bond of Rs. 1 lakh (Rupees One Lakh only) with one surety of like amount, on the following conditions: (a) shall cooperate with the investigation and make himself available for interrogation whenever required; (b) shall remain present at the concerned Police Station on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore the learned Magistrate on the first date of hearing of such application and on all subsequent occasions, as may be directed by the learned Magistrate. This would be sufficient to treat the accused in the judicial custody for the purpose of entertaining application of the prosecution for police remand. This is, however, without prejudice to the right of the accused to seek stay against an order of remand, if ultimately granted, and the power of the learned Magistrate to consider such a request in accordance with law. It is clarified that the applicant, even if, remanded to the police custody, upon completion of such period of police remand, shall be set free immediately, subject to other conditions of this anticipatory bail order. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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