9911796707
TMI Blog2024 (2) TMI 296X X X X Extracts X X X X X X X X Extracts X X X X ..... ses have been examined so far. Culpability, if any, would be determined at the time of the trial and the similarly situated co-accused have already been granted the concession of regular bail by this Court vide Annexures P-3 and P-4 respectively. In view of the ratio of law laid down by Hon ble Supreme Court in Prabhakar Tiwari Vs. State of UP and Anr. [ 2020 (1) TMI 1528 - SUPREME COURT] and MAULANA MOHD. AMIR RASHADI VERSUS STATE OF U.P. AND ORS. [ 2012 (1) TMI 407 - SUPREME COURT ] , the involvement of accused in other criminal cases cannot be the sole ground to deny him the concession of bail. Thus, without commenting upon the merits of the case lest it may prejudice the outcome of the trial, the petitioner- Ashok Sukhija ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -3 forms showing sale of cement/tiles and C forms bearing No. R/C/2009/4443154. These refunds were obtained by using the above mentioned C forms procured from the dealers of Rajasthan who used to deal in the trading of tax free commodity i.e. khal, binola etc, on account of showing interstate sale of cigarettes against said C forms. On perusal of the record, it has been found that actually dealer has used forged and false documents of sale (as mentioned above) and without making any actual movement of goods during the course of inter-state sale, dealer has obtained the refund to the tune of Rs. 432578/-. This dealer has claimed input tax credit @21% on account of purchase of cigarettes and further shown disposal of these goods @2% in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent Officer in the year 2014, when the alleged refunds on false and fabricated documents were availed by the accused- firm. Learned counsel further submits that similarly situated co-accused namely Gopi Chand Chaudhary, who retired as Deputy Excise and Taxation Commissioner, was granted the concession of regular bail by this Court on 01.12.2023 (Annexure P-3) passed in CRM-M-59682-2023 and the petitioner and other co-accused have been granted the concession of regular bail in another FIR on the same set of allegations, by a Co-ordinate Bench of this Court on 19.12.2023 passed in CRM-M-52902-2023 (Annexure P-4). Learned counsel further contends that case of the petitioner is at a better footing than that of the co-accused Gopi Chand Chau ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arly situated co-accused have already been granted the concession of regular bail by this Court vide Annexures P-3 and P-4 respectively. 6. In view of the ratio of law laid down by Hon ble Supreme Court in Prabhakar Tiwari Vs. State of UP and Anr. 2020(1) RCR (Criminal) 831 and Maulana Mohd. Amir Rashadi Vs. State of U.P. and Others 2012(2) SCC 382, the involvement of accused in other criminal cases cannot be the sole ground to deny him the concession of bail. 7. Thus, without commenting upon the merits of the case lest it may prejudice the outcome of the trial, the petitioner- Ashok Sukhija is ordered to be released on regular bail during trial on his furnishing bail bonds/surety bonds to the satisfaction of Illaqa Magistrate/Tri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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