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TMI Blog2005 (3) TMI 153X X X X Extracts X X X X X X X X Extracts X X X X ..... Ors - 2002 (6) SCALE 177 and in particular he has relied upon the sentence of which reads as under: "Normally, when the accused are absconding, there is no question of granting anticipatory bail or regular bail." Mr. Aggarwal also relied upon the decision of the Supreme Court in the case of Enforcement Officer, TED, Bombay v. Bher Chand Tikaji Bora - 2000 (121) E.L.T. 7 (S.C.). He submits that unless the petitioner establishes that he is being unnecessarily harassed by the investigating agency, the court would not be justified in invoking jurisdiction under Section 438, Cr.P.C. and in granting anticipatory bail thereunder. 2. Since Mr. Aggarwal has made final arguments in this matter and has submitted that the petitioner is not entitl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion, it is the said Devinder Singh Dawer who assumed the role of an exporter, raised invoices at prices much higher than actual prices, claimed export promotion benefit etc. He thereafter, purchased foreign currency from local black market and deposited the same in the bank claiming it to be advance payment by foreign buyers. All these allegations were specific to Devinder Singh Dawer. The application for judicial remand also indicated that the firms that were operated by Devinder Singh Dawer were opened by him in the name of his relatives and other persons. 4. The learned counsel for the petitioner also drew my attention to the reply to the application for bail in respect of Devinder Singh Dawer which was filed on 5-8-2004 before the le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imed offender. Secondly, he drew my attention to a copy of an application dated 20-7-2004 which is at page 23 of the paper book which clearly indicates that the petitioner had submitted to the jurisdiction of the courts and was available at all times. He, however, said that at that point of time, the petitioner had a fractured leg and was unable to move about freely and had been advised four weeks' complete bed rest. However, the petitioner was at all times available at his residence. He submits that he is ready and willing to co-operate with the investigating agency in whatever manner they deem fit in accordance with law. 5. In this view of the matter, having considered all the facts and circumstances as well as the arguments advanced by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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