9911796707
TMI Blog2024 (9) TMI 714X X X X Extracts X X X X X X X X Extracts X X X X ..... ere are evidence wherein allegations of committing offence, are prima facie emerging against the applicant. So far as the law laid down in the case of TARSEM LAL VERSUS DIRECTORATE OF ENFORCEMENT JALANDHAR ZONAL OFFICE [ 2024 (5) TMI 837 - SUPREME COURT] is concerned, since the applicant has not cooperated in the investigation proceeding then he cannot be given any benefit in view of the law laid down in Tarsem Lal. So far as the law laid down in the cases of ARNESH KUMAR VERSUS STATE OF BIHAR ANR [ 2014 (7) TMI 1143 - SUPREME COURT] and SATENDER KUMAR ANTIL VERSUS CENTRAL BUREAU OF INVESTIGATION ANR. [ 2022 (8) TMI 152 - SUPREME COURT] is concerned, the law laid down in V. SENTHIL BALAJI VERSUS THE STATE REPRESENTED BY DEPUTY DIRECTOR AND ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourav Garg. It is alleged that the applicant 5 kgs gold was seized from Harnam Singh Dangi, Suraj Sharma Rajkumar sitting in the car bearing registration No. MP04 CS 1620. 3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime at the instance of the complainant. It is also submitted that during the investigation of the vehicle, Harnam Singh Dangi, Suraj Sharma, Rajkumar sitting in the car bearing registration No. MP04 CS 1620 and carrying 5 kg foreign origin gold bars in their vehicle. Thereafter, during interrogation, it was alleged that the applicant and his brother had given cash of Rs. 2,20,50,000/- to Harnam Singh Dangi to collect. He has further submitted that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the accused persons. The applicant is having no role in the offence and vehicle was registered in the name of brother of the applicant. It is admitted fact that the applicant has not appeared before the Court of Magistrate as he is apprehending his arrest, but now, he is ready to co-operate with the investigation as well as in trial. The final conclusion of the trial is likely to take sufficient long time. Therefore, it has been prayed that the applicants may be released on anticipatory bail. 5. Learned counsel for the respondent has vehemently objected the matter and submitted that the applicant is very much involved in the present crime. He is one of the mastermind and kingpin of the case. He has contended that the scope and ambit of Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed, since the applicant has not cooperated in the investigation proceeding then he cannot be given any benefit in view of the law laid down in Tarsem Lal (supra). So far as the law laid down in the cases of Arnesh Kumar (surpa) and Satender Kumar Antil (supra) is concerned, the law laid down in V. Senthil Balaji (supra), by Hon'ble the Apex Court, it is held that the said law can not be applied to certain categories of offences, including economic offences, but only to minor offences under the Penal Code, 1860. 10. On this aspect, the Hon'ble Apex Court in the case of Union of India Vs. Padam Narain Aggarwal and others, (2008) 13 SCC 305, has held as under :- 26. Section 438 of the Code makes special provision for granting `anticipa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly observed that:- 13.....The anticipatory bail being an extraordinary privilege should be granted only in exceptional cases. The judicial discretion conferred upon the court has to be properly exercised after proper application of mind to decide whether it is a fit case for grant of anticipatory bail. 21......The court may not exercise its discretion in derogation of established principles of law, rather it has to be in strict adherence to them. Discretion has to be guided by law; duly governed by rule and cannot be arbitrary, fanciful or vague. The court must not yield to spasmodic sentiment to unregulated benevolence. The order dehors the grounds provided in Section 438 Cr.P.C. itself suffers from non- application of mind and therefore, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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