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TMI Blog2023 (3) TMI 1063X X X X Extracts X X X X X X X X Extracts X X X X ..... ce and is in custody since 26.05.2022 - In case THE STATE OF BIHAR ANR. VERSUS AMIT KUMAR @ BACHA RAI [ 2017 (4) TMI 1410 - SUPREME COURT] , it is held by Hon ble Apex Court that there is no straight jacket formula for consideration of grant of bail to an accused as it all depends upon the facts and circumstances of each case. The grant of bail was set aside to the kingpin of crime, publicly known as Bihar Topper Scam , by observing that Investigating Officer was going to file additional charge-sheet. In SANJAY CHANDRA VERSUS CBI [ 2011 (11) TMI 537 - SUPREME COURT] , it is held that when charge-sheet is already filed before the Court, the presence of accused in custody may not be necessary for further investigation. It is held therei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ti Evasion, CGST, Gurugram, has been filed, which is ordered to be taken on record. A report of officers of Anti Evasion, CGST revealed that some non-existent, bogus and non-operational firms namely M/s Barista Fashion, M/s Alexa Impecs Solutions, M/s Global Solar Solution and M/s EL Bella Export were accumulating very high amount of fraudulent Input Tax Credit (hereinafter called 'ITC'), on the basis of bogus purchase invoices from nonexistent and fraudulent firms and further showing sale invoices at lower tax rate and claiming inverted tax refund, by filing and unloading fake documents including CA certificates. It was further found that the same modus operandi was used by cartel of economic offenders in filing bogus applicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... versus CBI reported as 2011(4) RCR(Criminal) 898, State of Bihar Vs. Amit Kumar @ Bacha Rai reported as 2017(3) RCR (Criminal) 690 and Satender Kumar Antil versus CBI and others SLP (Crl) 5191 of 2021 decided on 11.07.2022. On the other hand, learned State counsel, while opposing the prayer made by learned counsel for the petitioner, has submitted that the complaint has already been filed against the petitioner. During the course of investigation, it was observed that two Chartered Accountants namely Sunil Mahlawat and Gaurav Dhir were found to be misusing their UDIN credentials and were issuing false/forged CA certificates for the fake firms, to enable them to subsequently claim bogus refunds. It was further contended that the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion by DRI, the petitioner was served with a Show Cause Notice dated 29.06.2022 by Air Cargo Export, New Delhi, wherein he was accused of manipulating the facts. It was revealed that the petitioner used to appear in the bank on different identity i.e. some other fictitious name. His name was Rahul Sharma in front of the Branch Manager, Laxmi Vilash Bank, Ashok Vihar, New Delhi. The petitioner along with one Gurmeet Singh was active in recruiting persons on monthly payment basis and using recruited person's identity in opening company/firm, with a motive to do Government tax evasion prone activities. In view of what has been discussed above, it becomes crystal clear that the petitioner was the master-mind behind the entire racket of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for investigating agencies and the Courts. Insofar as the judgment relied upon by learned counsel for the respondent in case of Remendu Chattopadhyay (supra) is concerned, the order of grant of interim bail was set aside as the investigation was going on. In case Nimmagadda Prasad (supra), it was informed to the Court by the CBI that short custody for six months was required to complete the investigation under Section 173(8) Cr.P.C. and bail was not granted. A further direction was issued to complete investigation preferably within four months. In Y.S. Jagan Mohan Reddy (supra), it is held that release of the petitioner may hamper the investigation and CBI was directed to complete the investigation and file charge-sheet within four mont ..... X X X X Extracts X X X X X X X X Extracts X X X X
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