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TMI Blog2023 (10) TMI 1330X X X X Extracts X X X X X X X X Extracts X X X X ..... d enlarge the applicant on regular bail. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R. No. 11210015220162 of 2022 registered with DCB Police Station, Dist. Surat on executing personal bond of Rs. 10,000/- (Rupees Ten thousand only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions imposed - application allowed. - HONOURABLE MS. JUSTICE S.V. PINTO Appearance: For the Applicant(s) No. 1 : Mr N.D. Nanavaty, Senior Advocate for Mr Yash N Nanavaty(5626) For the Respondent(s) No. 1 : Mr Soaham Joshi, APP ORAL ORDER 1. Heard learned advocate for the applicant and learned Additional Public Prosecu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice at Bhavnagar on 03/11/2022 and therefore, the Panchnama drawn on 04/11/2022 is prima facie is not believable and the articles alleged to have been recovered from the applicant are questionable. Mr. N.D. Nanavaty has further submitted that on completion of investigation, the Investigating Officer has filed the chargesheet on 21/01/2023 wherein the applicant is shown as accused No. 4 and the allegations are made against the applicant on pages 47 and 48 of the chargesheet. Mr. N.D. Nanavaty has further submitted that if the allegations made against the applicant on page 47 48 of the chargesheet are perused, it is alleged that the five business entities i.e. (1) Jayram Enterprise, (ii) Nandan Enterprise, (iii) R.V.Trading. (iv) Vegetable En ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e perused, none of the documents have been forged by the applicant and there is nothing on record to suggest that the applicant had forged any of the documents either for registration of GSTIN or for opening of the bank account and hence, no case is made out against the applicant for forgery and in the absence of any documents like tax invoices, e-way bill written under the Gujarat Goods and Service Tax Act, 2017 or under the Central Goods and Service Tax Act, 2017 or records it cannot be alleged that the applicant has committed an offence of criminal breach of trust punishable under Section 409 of the Indian Penal Code, 1860. Mr. N.D. Nanavaty has further submitted that the offence of cheating by personation is punishable for three years a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vehemently submits that, the offences which have been charged are serious in nature affecting the society at large. The present applicant has in connivance with others has made evasion of Tax, which has caused damage to the exchequer of the Government which is in crores of rupees and therefore considering the gravity of offence and looking to the facts as well as the allegations made against the applicant, no discretion would be required to be exercised. 5. In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be exercised to enlarge the applicant on regular bail. This Court has considered the following facts while exercising discretion in favour o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Rs. 10,000/- (Rupees Ten thousand only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall; [a] not take undue advantage of liberty or misuse liberty; [b] not act in a manner injuries to the interest of the prosecution [c] surrender passport, if any, to the lower court within a week [d] not leave India without prior permission of the Sessions Judge concerned; [e] furnish latest address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the trial Court; [f] mark his presence before the concerned police station in the first week of every month till the tri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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