9911796707
TMI Blog2022 (9) TMI 555X X X X Extracts X X X X X X X X Extracts X X X X ..... n. The department failed to point out the facts that the further custody of the applicant is necessary. The entire case is based on documentary evidence and same are in the custody of the department. After filing the complaint before the learned Metropolitan Magistrate Court, there is no chances to conclude the trial in a reasonable time. The applicant is directed to be released on bail with a condition that the applicant shall deposit Rs.10 lacs before the Office of the respondent no. 2 i.e Assistant Commissioner of State Tax, Unit-5, 11th Floor, B-Block, Multi-storied Building, Lal Darwaja, Ahmedabad within a period of 6 months in equal six installments - bail application allowed subject to conditions imposed. - R/CRIMINAL MISC. APPL ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... APP for the respondents. 4. Brief facts leading to filing of present application are that, search proceedings were conducted at the business place of M/s JK Traders, who is in the scrap business. During the search proceedings, it was revealed that, the administrator of M/s JK Traders Mr. A.A.Shah has wrongly claimed and availed input tax credit by showing fake inward transactions and have created fictitous firms/companies, whereby, had claimed illicit ITC of Rs.36.05 crore and passed on three other firms to the tune of Rs.36.35 crore and have made cash transactions without invoices, which resulted into monetary loss to the Government exchequer to the tune of Rs.37.95 crore. 5. During the search proceedings of M/s JK Traders, it was re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... epartment, the applicant being accountant was charging commission amount for the alleged transaction. In such circumstances, he urged that, principal accused Mr. A.A.Shah has been granted bail by this court subject to deposition of Rs. 2 crore. Thus, therefore, considering the role attributed to the applicant herein, without prejudice to the rights and contentions, is willing to deposit Rs.10 lacs within six months from his release. It is submitted that, the applicant is in custody since 23.03.2022 and now his further custody is not necessary as complaint has already been filed before the Court concerned. 8. Mr. Manan Mehta, learned APP reiterating the contents of the sworn affidavit, contended that the applicant in connivance with the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i.e. even allegations of grave economic offence, it is not a rule that bail should be denied in every case and whether bail is granted or not, will have to be on the case to case basis of the facts involved therein and securing the presence of the accused to stand trial. , I deem it fit to exercise the discretion in favour of the applicant and accordingly, I inclined to release the applicant on bail with a condition that the applicant shall deposit Rs.10 lacs before the Office of the respondent no. 2 i.e Assistant Commissioner of State Tax, Unit-5, 11th Floor, B-Block, Multi-storied Building, Lal Darwaja, Ahmedabad within a period of 6 months in equal six installments. The department is directed to accept the amount. It is clarified that, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll stands automatically cancelled. The applicant is directed to file undertaking to aforesaid effect before the court concerned and this court within 15 days from his release. 11. The authorities shall release the applicant if he is not required in connection with the any other offence. If breach of any above condition is committed, the Sessions Judge concerned shall take appropriate action or issue warrant against the applicant. The bail bond to be executed before the learned trial Court having jurisdiction to try the case. It will be open for the sessions judge concerned to delete, modify and/or relax any of the above conditions, in accordance with law. Nothing stated hereinabove, shall tantamount to the expression of any opinion on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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