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TMI Blog2022 (3) TMI 1478X X X X Extracts X X X X X X X X Extracts X X X X ..... shing after arguing was withdrawn almost on similar submissions and earlier application for anticipatory bail application was also withdrawn, this Court is not inclined to allow the applicant to re-agitate the very same kind of submissions that applicant is an innocent person or there is no material connecting the applicant with commission of crime since all these points have already been agitated in earlier round of application. This Court is of the clear opinion that no case is made out at all of anticipatory bail particularly when it was clearly found not by once but on more than one occasion that the applicant is a part of this organized crime of economic offence and has been found to be not co-operating with the investigating officer though might have remained present for some occasion but it was clearly found from the reply affidavit of investigating officer that this very applicant is the owner of one of the companies which is involved in activity of bogus bills scam. Therefore, when the applicant is found to have indulged himself in such economic offence this Court is not at all inclined to exercise the discretion and that too in the absence of any other change of circum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... affidavit and accordingly the application was not entertained and the same was rejected on 07.10.2020. [2.2] It is the say of the applicant that though the complaint is exhaustive running into several pages but no concrete material is available against the accused and as such he preferred a petition for quashing the said complaint qua him but the said petition for quashing was withdrawn vide order dated 02.09.2020 permitting the applicant to make an appropriate application before the appropriate authority with proper material. Then applicant filed an application before the trial court which having not been entertained. [2.3] The applicant has preferred this application raising multipule grounds and thereby sought a relief for granting anticipatory bail. [3] It appears from the record that on this application, on 26.10.2020, Rule was issued, making it returnable on 27.11.2020 and thereafter vide order dated 21.01.2021, upon submission of learned APP that the Assistant State Tax Commissioner (1), Surat having not been joined, a draft amendment was permitted to be moved. Later on, vide order dated 09.02.2021 in videoconferencing hearing since direct service affidavit was not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is thoroughly uncalled for and as such protection deserves to be granted. For the purpose of substantiating this submission, Mr. Bharda, learned advocate has made an attempt to draw the attention of this Court to some of the documents attached to the application and thereby contended that no attempt is made by present applicant to get any undue benefit nor has committed any offence. It has further been submitted that there are several other accused persons also but they are yet to be arrested rather not arrested and as such during passage of time since the applicant has cooperated with investigation, the protection be extended to the applicant since now nothing further to be discovered or recovered. While contending this, Mr. Zubin Bharda, learned advocate has submitted that though there are several accounts opened up and there may be an alleged huge tax evasion but in the absence of any material against the applicant there is hardly any justification for authority to arrest and as such also the protection be given. [5.1] Mr. Bharda, learned advocate at this stage has candidly submitted that petition for quashing came to be disposed of, permitted to be withdrawn with a view to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Apex Court has deprecated or rather warned the courts not to exercise discretion so lightly especially when economic offences are alleged and here the entire tenor of the complaint in detail has clearly indicated that a systematic organized activity is going on with the aid and assistance of the main accused. The applicant, therefore, cannot plead his innocence at this stage. There are serious apprehensions that if the accused persons like the applicant, who are involved in huge scam are enlarged they are likely to tamper with the process and frustrate the investigation which may ultimately to be concluded and therefore this is not a stage where the applicant to seek anticipatory bail looking to the serious allegations which are mentioned in the criminal complaint. For the purpose of substantiating his stand the learned APP has referred to and relied upon the decision of Hon ble Apex Court reported in (1997) 7 SCC 187 (para 6). [6.3] Lastly, the learned APP has submitted that no new grounds are available with the applicant nor raised and the offence is of a complex in nature and hence, in routine manner applicant cannot seek anticipatory bail and as such has requested the cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n. [12] However, at this stage even apart from aforesaid situation, Court has noticed that even while examining further anticipatory bail, the concerned trial court i.e. learned 12th Additional Sessions Judge, Surat while dealing with Criminal Misc. (Anticipatory Bail) Application No.4548 of 2020 has, based upon material before him and the detailed affidavit of investigating officer rejected the same by a reasoned order dated 07.10.2020. The Court deems it proper to quote hereunder the observations which have been made in paragraph No.6 of the said order which reads as under: 6. From the material on record, it is observed that, a Criminal Case No.1382 of 2020 is pending against the accused persons before the court of Chief Judicial Magistrate, Surat. It is further observed from the record that, previous application of this applicant for obtaining anticipatory bail was rejected by this court. It is also observed from the record that, the applicant has not shown any plausible reasons for withdrawal of application filed before the Hon'ble High Court of Gujarat. So far the case of co-accused who has been released on regular bail is concerned, it has been observed by this co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inion that no case is made out at all of anticipatory bail particularly when it was clearly found not by once but on more than one occasion that the applicant is a part of this organized crime of economic offence and has been found to be not co-operating with the investigating officer though might have remained present for some occasion but it was clearly found from the reply affidavit of investigating officer that this very applicant is the owner of one of the companies which is involved in activity of bogus bills scam. Therefore, when the applicant is found to have indulged himself in such economic offence this Court is not at all inclined to exercise the discretion and that too in the absence of any other change of circumstance though this change of circumstance concept may not be in anticipatory bail, as has been conveyed by the Hon'ble Apex Court in its order dated 28.01.2021 in the case of G. R. Ananda Babu versus The State of Tamil Nadu and Another while rejecting the concerned applicants second anticipatory bail. Following are the observations which are not possible to be ignored by this Court even as a part of judicial discipline. Hence, the Court deem it proper to rep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l incomplete. Nevertheless, on the third occasion, the learned Judge acceded to the request of respondent No. 2 and granted anticipatory bail, without referring to the said status report. None of the reasons cited by the learned Judge, in our opinion, can be said to be just basis to show indulgence to respondent No. 2. As a matter of fact, successive anticipatory bail applications ought not to be entertained and more so, when the case diary and the status report, clearly indicated that the accused (respondent No. 2) is absconding and not cooperating with the investigation. The specious reason of change in circumstances cannot be invoked for successive anticipatory bail applications, once it is rejected by a speaking order and that too by the same Judge. To observe sobriety, we refrain from making any further observation, except to observe, that the impugned order, to say the least, is perverse; and also because no prejudice should be caused to respondent No.2 and affect the trial against him. Accordingly, the impugned judgment and order is set aside. The Investigating Officer is free to take respondent No. 2 into custody forthwith. The appeal is allowed in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... conferred upon the court has to be properly exercised after application of mind as to the nature and gravity of the accusation; possibility of applicant fleeing justice and other factors to decide whether it is a fit case for grant of anticipatory bail. Grant of anticipatory bail to some extent interferes in the sphere of investigation of an offence and hence, the court must be circumspect while exercising such power for grant of anticipatory bail. Anticipatory bail is not to be granted as a matter of rule and it has to be granted only when the court is convinced that exceptional circumstances exist to resort to that extraordinary remedy. 72. We are conscious of the fact that the legislative intent behind the introduction of Section 438 Cr.P.C. is to safeguard the individual s personal liberty and to protect him from the possibility of being humiliated and from being subjected to unnecessary police custody. However, the court must also keep in view that a criminal offence is not just an offence against an individual, rather the larger societal interest is at stake. Therefore, a delicate balance is required to be established between the two rights - safeguarding the personal l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onspiracies and involving huge loss of public funds need to be viewed seriously and considered as grave offences affecting the economy of the country as a whole and thereby posing serious threat to the financial health of the country. 35. While granting bail, the court has to keep in mind the nature of accusations, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interests of the public/State and other similar considerations. (emphasis supplied) 84. In a case of money-laundering where it involves many stages of placement , layering i.e. funds moved to other institutions to conceal origin and interrogation i.e. funds used to acquire various assets , it requires systematic and analysed investigation which would be of great advantage. As held in Anil Sharma, success in such interrogation would elude if the accused knows that he is protected by a pre-arrest bail order. Section 438 Cr.P.C. i ..... 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