Case Note & Summary
The applicant, Hasmukh Jagasi Visharia, filed an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) in connection with C.R. No.8 of 2013 registered at Narpoli Police Station, Bhiwandi, District Thane, for offenses punishable under Sections 420, 465, 467, 468, 471 of the Indian Penal Code, 1860 (IPC) and Sections 74(1)B, 1(C), 74(1)(e), 74(1)(f), 74(2), 74(4) and 29(4) of the Maharashtra Value Added Tax Act, 2002 (MVAT Act). The FIR was lodged by Shri Kamlesh Dinkar Nagare, Joint Commissioner of Sales Tax, Government of Maharashtra. The applicant was named as an accused in the FIR. The court considered the submissions of the applicant's counsel, Mr. A.H.H. Ponda, and the Special Public Prosecutor, Mr. V.A. Sonpal. The court noted that the documents in question had already been seized by the investigating agency and that the applicant was not required for custodial interrogation. The court also observed that the applicant was a permanent resident of the area and there was no likelihood of his absconding. Consequently, the court allowed the application and granted anticipatory bail to the applicant, directing his release on executing a personal bond of Rs. 25,000/- with one or more sureties. The applicant was also required to attend the police station as and when called and not to tamper with evidence or influence witnesses.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 CrPC - Custodial Interrogation - Applicant sought anticipatory bail for offenses under IPC and MVAT Act - Court held that since the documents were already seized and the applicant was not required for custodial interrogation, anticipatory bail could be granted - Held that the applicant be released on bail on executing a PR bond of Rs. 25,000/- with conditions (Paras 1-5).
Issue of Consideration
Whether the applicant is entitled to anticipatory bail under Section 438 CrPC for offenses under IPC and MVAT Act when the documents are already seized and custodial interrogation is not necessary.
Final Decision
The application for anticipatory bail is allowed. The applicant is directed to be released on bail in the event of arrest on executing a personal bond of Rs. 25,000/- with one or more sureties. The applicant shall attend the police station as and when called and shall not tamper with evidence or influence witnesses.
Law Points
- Anticipatory bail
- custodial interrogation
- MVAT Act
- IPC fraud
- documents already seized
- no flight risk
