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TMI Blog2022 (12) TMI 124X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to the accused. Thus, it is provided that on furnishing a bond of Rs. 1,00,000/ (Rupees one lac) with two sureties of like amount, to the satisfaction of learned Special Judge, CBI, Assam, Chandmari, the accused be enlarged on bail - application disposed off. - Bail Appln./2720/2022 - - - Dated:- 10-11-2022 - HON BLE MR. JUSTICE ROBIN PHUKAN Advocate for the Petitioner : Mr. A. Rajarajan Advocate for the Respondent : SC, CBI ORDER Heard Mr. S. Rajganesh, learned counsel for the accused and also heard Mr. M. Haloi, learned Retainer Counsel for CBI. 2. This application, under Section 439 of Cr.P.C., is preferred by accused, namely- Shri Raju Sakthivel, who has been languishing in jail hazoot in connection wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Excise and Customs, GST Bhawan, Machkhowa, Guwahati. 5. The respondent CBI has submitted its written objection and vehemently opposed the petition filed by the accused. It is stated that one Mahabir Jain Shyamsukha was caught red handed while accepting illegal gratification of Rs. 3,83,000/ on behalf of accused Raju Sakthivel. It is also stated that investigation is still going on and one of the accused is absconding, and therefore, it is contended to dismiss the petition. 6. Mr. S. Rajganesh, learned counsel for the accused submits that the accused was arrested on 29.09.2022, and since then he has been languishing in jail hazoot. Mr. S. Rajganesh further submits that Nothing has been recovered from the possession from the possession ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the documents placed on record and also perused the case diary, so produced before the court, and the case law referred by Mr. Rajganesh, the learned counsel for the accused, and I find the following:- (i) The FIR was registered on 14.09.2022 and the accused was arrested on 29.09.2022. (ii) The accused is behind the bar for last 42 days. (iii) The accused was working as the Commissioner (Appeals) CGST, Central Excise and Customs, GST Bhawan, Machkhowa, Guwahati. (iv) The accused had demanded a sum of Rs. 4,50,000/ i.e.@ 10% of the demand of Service Tax, through conduits for a favorable order in one appeal preferred by Shri Chittaranjan Nath of Tezpur, before arrest. (v) One Mahabir Jain Shyamsukha was caught red ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gards to above, and also having regards to the nature of accusation and the punishment prescribed for the same, as well as the submission of learned Advocates of both sides, more specially the period of detention, and further keeping in mind the dictum of Hon ble Supreme Court in Satender Kumar Antil (supra), I am of the considered opinion that further custodial detention of the accused seems to be unwarranted herein this case, and it is a fit case where the privilege of bail can be extended to the accused. 11. Accordingly, it is provided that on furnishing a bond of Rs. 1,00,000/ (Rupees one lac) with two sureties of like amount, to the satisfaction of learned Special Judge, CBI, Assam, Chandmari, the accused be enlarged on bail. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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