9911796707
TMI Blog2024 (9) TMI 234X X X X Extracts X X X X X X X X Extracts X X X X ..... y for statutory bail under Section 167 (2) (a) (ii) has been recognized by the Hon ble Apex Court as a Constitutional right. It appears that in the initial stages, serious allegations were made regarding tax evasion of a huge amount of money and the respondent having employed unscrupulous means to pass on the undue advantage of the Input Tax Credit generated by bogus entities on the basis of fictitious invoices and sales to various companies. However, it is peculiar that no complaint has still been filed till date. It is unclear as to why the petitioner department has been contesting the present case for such a long period of time in regard to the custody of the respondent, when the department is obviously not concerned with taking the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l on 31.07.2018. 3. The respondent was granted bail on 20.08.2018, by the learned CMM, on furnishing a personal bond in the sum of ₹1,00,000/- with one surety of the like amount. On a challenge by the petitioner department, the order dated 20.08.2018 was set aside by order dated 22.12.2018, passed by the learned Additional Sessions Judge ( ASJ ), Patiala House Courts, New Delhi. 4. Concededly, the investigation was not completed and the complaint was not filed by the petitioner department despite respondent having spent sixty days in custody. This led to the respondent filing an application under Section 167 (2) of the Code of Criminal Procedure, 1973 ( CrPC ) seeking statutory bail. Thereafter, by the impugned order, the respondent s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter; (b) no Magistrate shall authorise detention of the accused in custody of the police under this Section unless the accused is produced before him in person for the first time and subsequently every time till the accused remains in the custody of the police, but the Magistrate may extend further detention in judicial custody on production of the accused either in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t no complaint has still been filed till date. It is unclear as to why the petitioner department has been contesting the present case for such a long period of time in regard to the custody of the respondent, when the department is obviously not concerned with taking the case to its logical conclusion. 12. It is not the case of the petitioner department that the respondent has misused the liberty pursuant to being admitted on bail. It is apparent that the only interest of the department is in the custody of the accused respondent and not in the trial of the case. Filing of proceedings in such circumstances, is an abuse of process of the Court. 13. This Court fails to understand why despite more than five years having elapsed, no complaint i ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
