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2023 (11) TMI 667

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..... hed all record and documents in the form of electronic data in soft copies, hard-disk, server and e-mails to the investigation agency. Today the applicant is present before the court pursuant to the fact he was served with the summons issued by this court. The investigation machinery choose not to arrest the applicant, for 10 long years, inspite of the fact that, the applicant was available. Rather, it can be gathered that the I.O. did not want his custody. The offences u/s 467 is punishable for imprisonment for life. The prosecution has not placed any criminal antecedents on record except for the present case. There are no allegations that the applicant has not co-operated with the investigation agency. There will be no point in sending .....

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..... ion was sought from the applicant regarding his client associate/group companies pertaining to Lakshmi Group vide summons issued on 28.01.2015, 01.08.2018. In response to the summons u/s 91 and 160 of Cr.P.C., the applicant furnished a detailed reply specifically recording therein that the investigation pertains to the financial year 2012-2013 and onward and the applicant has rendered his professional services to associate/group companies pertaining to Lakshmi Group only upto financial year 2011-2012 and the applicant is not in possession of the documents sought since they are within the custody of the client. Further, he was not arrested during the investigation. On these grounds and others, has prayed for bail. 3. Say of the Ld. SPP .....

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..... ns issued by this court. The investigation machinery choose not to arrest the applicant, for 10 long years, inspite of the fact that, the applicant was available. Rather, it can be gathered that the I.O. did not want his custody. The offences u/s 467 is punishable for imprisonment for life. However, as mentioned herein-above, the I.O. was not interested in causing his arrest. This also affirm contentions of the applicant that he has submitted documentary as well as electronic material relevant to the facts of this case during the course of investigation. The prosecution has not placed any criminal antecedents on record except for the present case. There are no allegations that the applicant has not co-operated with the investigation agency. .....

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