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TMI Blog2023 (11) TMI 96X X X X Extracts X X X X X X X X Extracts X X X X ..... ued against him and his statement was also recorded even in the jail - The respondent has not expressed any apprehension of flight risk for the applicant and has also not moved any application for police remand so also has not expressed any fear of tampering with the evidence or influencing the witnesses. This application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 10,00,000/- (Rupees Ten Lakhs only) with two local solvent sureties in the like amount to the satisfaction of the trial Court/committal Court, and subject to further conditions imposed. - Hon'ble Smt. Justice Sunita Yadav For the Applicant : Shri Ankur Mody, Advocate For the Respondent : Shri Praveen N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 23 is less than five crores as per the information available on the GST portal, thus, even if it is assume for the sake of argument that any discrepancy exists then also the amount being less than five crores, no arrest of the applicant was justified. The Apex Court in the case of State of Gujarat vs. Choodamani Parmeshwaran Iyer and others decided on 17/07/2023 in Criminal Appeal Nos. 1963-1964 of 2023 (arising out of SLP (Cri.) Nos. 4212-4213 of 2019) has held that though section 69 (1) which confers powers upon the Commissioner to order the arrest of a person does not contain the safeguards that are incorporated in Section 41 and 41A of Code of Criminal Procedure, we think Section 70 (1) of the CGST Act takes care of the contingency. 42. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... followed the procedure while detaining the applicant by issuance of summons. It is further argued that applicant was involved in making invoices and selling grains to IT companies. It is further submitted that looking to the gravity of the offence and the role played by the applicant as well as taking into consideration the facts and circumstances of the case, the applicant is not entitled to get the benefit of bail. Heard and perused the record. Perusal of the case diary reveals that the applicant was given summon for his appearance on different dates, therefore, at this stage, his detention cannot be termed as illegal. The facts available in case diary indicates that applicant has co-operated in the investigation by making himself availab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Bench. 5) The applicant will not seek unnecessary adjournments during the trial; and shall be made available before the investigating Agency as and when he is ordered to do so. If he does not co-operate with the investigation, the respondent shall be at liberty to move the Court for cancellation of bail. 6) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. 7) The applicant shall surrender his original passports before the jurisdictional Court. In case, he has no passport, he will file affidavit to this effect before the court concerned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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