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TMI Blog2023 (1) TMI 675X X X X Extracts X X X X X X X X Extracts X X X X ..... leased on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of Rs.1,00,000/-together with two sureties in the sum of Rs.50,000/- each to the satisfaction of the trial court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C. - HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL For the Petitioner(s) : Mr. Swadeep Singh Hora with Mr. T.C. Sharma and Mr. Mukesh Kumar For the Respondent(s) : Mr. Kinshuk Jain, Senior Standing Counsel for GST ORDER The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with Ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... counsel submits that the economic offence constitutes a class in itself and the petitioner does not deserve indulgence of bail. He, however, admits that the charge sheet is going to be filed tomorrow being the last date permissible under the statute for the same. He, relying upon following judgments, prayed for dismissal of the bail application. 1. Nimmagadda Prasad vs. Central Bureau of Investigation: Criminal Appeal No.728/2013 (arising out of S.L.P. (Crl.) No.9706/2012, dated 09.05.2013, 2. Ram Narain Popli vs. Central Bureau of Investigation: Appeal (Crl.) No.1097/1999, dated 14.01.2003, 3. Serious Fraud Investigation Office vs. Nittin Johari Anr.: Criminal Appeal No.1381/2019 (@ S.L.P. (Crl.) No.7437/2019, dated 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s been filed. Even if it is taken note that the alleged evasion of tax by the petitioner is to the extent as provided under Section 132(1)(l)(i), the punishment provided is, imprisonment which may extend to 5 years and fine. The petitioner has already undergone incarceration for more than four months and completion of trial, in any event, would take some time. Needless to mention that the petitioner if released on bail, is required to adhere to the conditions to be imposed and diligently participate in the trial. Further, in a case of the present nature, the evidence to be tendered by the respondent would essentially be documentary and electronic. The ocular evidence will be through official witnesses, due to which there can be no apprehens ..... X X X X Extracts X X X X X X X X Extracts X X X X
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