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TMI Blog2024 (5) TMI 545X X X X Extracts X X X X X X X X Extracts X X X X ..... the present case on 07.01.2023 and the maximum sentence provided under the statute is five years. Still further, the case of the prosecution is based on the testimonies of official witnesses and the petitioner may not be in a position to influence the witnesses, who are to be produced by the prosecution before the trial Court. Even otherwise, the petitioner cannot be confined in jail as an under-trial for an indefinite period. The present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/CJM concerned subject to the conditions imposed. - HON'BLE MR. JUSTICE N. S. SHEKHAWAT Mr. Vinod Ghai, Sr. Advocate with Mr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er is neither proprietor nor owner of any of the Firms, i.e., S.K. Traders and Jai Ambey International and there was no question of evasion of tax, as alleged in the complaint. Learned senior counsel further contends that the petitioner is in custody for the last 01 year and 02 months and the offence is triable by the Court of Magistrate. Thus, the trial Court may take considerable time in concluding the trial. 3. On the other hand, learned counsel for the respondents has vehemently opposed the submissions made by the petitioner. Learned counsel further submits that there was sufficient evidence to show that the petitioner had violated the provisions of Section 132(1) (b) and 132(1)(c) of the CGST Act and the petition is liable to be dismis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... will tamper with the witnesses if left at liberty, save in the most extraordinary circumstances. Apart from the question of prevention being the object of a refusal of bail, one must not lose sight of the fact that any imprisonment before conviction has a substantial punitive content and it would be improper for any Court to refuse bail as a mark of disapproval of former conduct whether the accused has been convicted for it or not or to refuse bail to an un-convicted person for the purpose of giving him a taste of imprisonment as a lesson. 15. In the instant case, as we have already noticed that the pointing finger of accusation against the appellants is 'the seriousness of the charge'. The offences alleged are economic offences wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... This Court, in Kalyan Chandra Sarkar v. Rajesh Ranjan, 2005(1) RCR (Criminal) 703 : 2005(1) Apex Criminal 307 : (2005)2 SCC 42, observed that under the criminal laws of this country, a person accused of offences which are nonbailable, is liable to be detained in custody during the pendency of trial unless he is enlarged on bail in accordance with law. Such detention cannot be questioned as being violative of Article 21 of the Constitution, since the same is authorised by law. But even persons accused of non-bailable offences are entitled to bail if the Court concerned comes to the conclusion that the prosecution has failed to establish a prima facie case against him and/or if the Court is satisfied by reasons to be recorded that in spite o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facts to the Court or to any other authority. (ii) The petitioner shall remain present before the Court on the dates fixed for hearing of the case. (iii) The petitioner shall not absent himself from the Court proceedings except on the prior permission of the Court concerned. (iv) The petitioner shall surrender his passport, if any, (if already not surrendered), and in case he is not holder of the same, he shall swear an affidavit to that effect. (v) The petitioner shall also file his affidavit before the concerned Court, mentioning his ordinary place of residence and number of mobile phone, which shall be used by him during the pendency of the trial. In case of change of place of residence/mobile number, he shall share the details with the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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