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TMI Blog2023 (2) TMI 647X X X X Extracts X X X X X X X X Extracts X X X X ..... money trail has to be traced to its origin, the requirement shown by the prosecution for custodial interrogation of petitioner does not appear to be unreasonable. The amount of tax evasion is more than 15 crores, for which though the maximum punishment prescribed is 5 years but considering the fact that the said allegations cast adverse shadow upon the financial health of various institutions including the Bank thereby belying the trust of common man in the even tempo of economic growth, this Court declines to interfere. This Court prima facie feels from the complexity of allegations where very large tax evasion is involved and the money trail has to be traced to its origin, the demand of prosecution for custodial interrogation of petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dharam Satlingappa Mhetre Vs. State of Maharashtra and Ors., AIR 2011 SC 312 that the prosecution merely wants to arrest the petitioner without there being any need for custodial interrogation especially when the petitioner is ready and willing to cooperate in the investigation. 3.1 Learned senior counsel for petitioner has taken this Court to various documents filed along with application and submits that pursuant to summon issued on 19.06.2019 by the Assistant Commissioner, State Tax Officer requiring the petitioner to attend the office of the Investigating Agency on 24.06.2019 could not be complied with by petitioner for being unwell, for which IA/2, a letter dated 24.06.2019 is filed to indicate that petitioner was suffering from UTI a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... epeated attempts to trace him. Similar Farari Panchanamas prepared from 2020 till date are showing that petitioner was not traceable. It is the contention of counsel for prosecution that in the given facts and circumstances of the case where allegation of large scale tax evasion is involved and the money trail has to be traced to its origin, custodial interrogation of the petitioner is necessary. The prosecution has also drawn the attention of this Court to the fact that various large sums of money were being debited and credited in the bank account of the petitioner during the period 2017 to 2019. The prosecution has also drawn the attention of this Court to the so-called letter of Joint Commissioner, Commercial Tax, State of Madhya Prades ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f injuring or humiliating the applicant by arresting him or her. (vi) Impact of grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people. (vii) The Courts must evaluate the entire available material against the accused very carefully. The Court must also clearly comprehend the exact role of the accused in the case. The cases in which accused is implicated with the help of sections 34 and 149 of the Indian Penal code, the Court should consider with even greater care and caution because over implication in the cases is a matter of common knowledge and concern; (viii) While considering the prayer for grant of anticipatory bail, a balance has to be struck between two factors namely, no pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case against petitioner is a false one. Prima facie it appears that allegations made against the petitioner need to be investigated and since a lot many Institutions and their office bearers/ proprietors/Directors are involved and the money trail has to be traced to its origin, the requirement shown by the prosecution for custodial interrogation of petitioner does not appear to be unreasonable. 6.3 The amount of tax evasion is more than 15 crores, for which though the maximum punishment prescribed is 5 years but considering the fact that the said allegations cast adverse shadow upon the financial health of various institutions including the Bank thereby belying the trust of common man in the even tempo of economic growth, this Court declin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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