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TMI Blog2023 (6) TMI 248X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner is certainly required. The present petition for grant of anticipatory bail stands dismissed. - CRM-M-5147-2023(O&M) - - - Dated:- 1-6-2023 - HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present:- For The Petitioner Ms. Manpreet Kaur Ghuman, Advocate. For the Respondent : Mr. Kirat Singh Sidhu, Deputy Advocate General, Punjab. JASJIT SINGH BEDI, J. The prayer in this petition under Section 438 Cr.PC is for the grant of anticipatory bail in case FIR No.277 dated 06.12.2022 under Sections 420, 465, 468, 471 IPC and Section 66D of Information Technology (Amendment) Act, 2008, registered with Police Station Gobindgarh Mandi, District Fatehgarh Sahib. 2. The instant FIR came to be registered on the basis of letter dated 06.12.2022 sent by Sh. Pardeep Kumar, State Excise Officer Ward Number 03, Fatehgarh Sahib for the registration of case and the contents of the same are as under:- To, Assistant Commissioner State Excise, Fatehgarh Sahib Number 1589 dated 06.12.2022. Subject:- Utilizing the fake and false documents under G.S.T., for obtaining the fake, bogus G.S.T. Registration. Sir, it is brought in your knowledge on the subject noted ab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oing the Photoshop to just only one and the same Photograph that has been uploaded again and again. From the above said facts it is being clarified that the persons, those have applied for the G.S.T. Registrations, they have made the base to the fake and bogus documents so that obtaining the fake and false G.S.T. registrations, they can issue the fake bill and creating/claiming the Input fake and false Income Tax and passing on these Input Tax Pass to the other firms, they can cause the loss to the official revenue. It seems that joining by some persons, they wants to take the illegal benefit of the on line process of G.S.T. procedure/channel and they want to cause the loss to the government revenue and there is the chance of causing the huge financial loss to the government revenue. Therefore you are humbly requested that for taking the legal action against these persons, it may be written to worthy S.S.P. Sahib, Fatehgarh Sahib so that the official revenue may be kept secured. Sd/- Pardeep 06.12.2022, State Tax Officer, Ward Number 03, Fatehgarh Sahib, that this letter has been sent to Assistant Commissioner State Fatehgarh Sahib by State Tax Officer, whereupon, Assistant C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PK6230BIZT had not deposited the due GST after sale and purchase. On enquiry he found that on his I.D. firm was running and allegedly doing crores worth of business but the GST had not been paid. It was also revealed that on 11.03.2022 one Dharamvir Singh who he (Arfaan Khan) knew had told him that one person Manpreet Singh @ Mani had a scheme which provided unemployment allowance of Rs.1500/- per month and the same would be given to him (Arfaan Khan). Other members of the team were Mandeep Singh @ Monty and Sunny @ Pagal. He (Arfaan Khan) had been allured by them (petitioner and his co-accused) and they had obtained his Aadhaar Card, Pan Card and Photograph. The same had been misused. Based on the said statement of Arfaan Khan, Manpreet Singh @ Mani, Mandeep Singh @ Monty and Sunny Kumar were nominated as accused. Sunny Kumar was arrested and on his statement, Rishabh Sood, Anil Sood, Surinder Singh @ Raju were nominated as accused. Thereafter, Surinder Kumar, Rajvir Singh and Jagvir Singh were arrested. On 08.01.2023 on the statement of Surinder Singh, Jagvir Singh @ Jagga and Rajvir Singh @ Beeru were nominated as accused. 3. The Counsel for the petitioner contend ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that merely because custodial interrogation was not required by itself could not be a ground to grant anticipatory bail. The first and the foremost thing the Court hearing the anticipatory bail application is to consider is the prima facie case against the accused. The relevant extract of the judgment is reproduced hereinbelow:- It may be true, as pointed out by learned counsel appearing for Respondent No. 1, that charge-sheet has already been filed. It will be unfair to presume on our part that the Investigating Officer does not require Respondent No. 1 for custodial interrogation for the purpose of further investigation. Be that as it may, even assuming it a case where Respondent No. 1 is not required for custodial interrogation, we are satisfied that the High Court ought not to have granted discretionary relief of anticipatory bail. We are dealing with a matter wherein the original complainant (appellant herein) has come before this Court praying that the anticipatory bail granted by the High Court to the accused should be cancelled. To put it in other words, the complainant says that the High Court wrongly exercised its discretion while granting anticipatory b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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