Calcutta High Court (Appellete Side)
Mahesh Kumar Kejriwal @ Mahesh Kejriwal vs Unknown on 31 January, 2014
Author: Toufique Uddin
Bench: Toufique Uddin
31.01.2014 CRM 1828 of 2014
Court No.21
Item No. 51
(allowed In re: Application for bail under Section 439 of the Code of Criminal
sks Procedure filed on 30.01.2014 in connection with Case No. c-2025/2014
arising out of F No. V( (12) 259/SIV/ST/Gr.J/Kol/2013/Pt.1, under Section 91(1) of the Finance Act, 1994 for the offence punishable under Clause (ii) of sub-section (1) of section 89 of the Finance Act, 1994 read with Section 9AA of the Central Excise Act, 1944. And In the matter of : Mahesh Kumar Kejriwal @ Mahesh Kejriwal ....Petitioner Mr. Debasish Roy Mr. Sandipan Ganguly Mr. Moinak Bose Mr. Debanjan Babnerjee .......For the Petitioner Ms. Fariah Hossain .......For the State The learned Advocate of the petitioner submits that notice has already been served upon the Commissioner of Service Tax authority as well as the prosecutor in this case. The service report is taken on record.
The learned Advocate for the petitioner wants to move the bail application. I waited for some time also for arrival of the learned Advocate of the Tax department but none represented.
I find no other alternative but to take up the matter. The learned lawyer of the petitioner as well as the learned lawyer of the State is present.
This is a case where the present petitioner has been charged for commission of offence under Sections 91(1) of the Finance Act, 1994 along with some other sections of offences.
The learned Advocate of the petitioner submits that initially the petitioner was granted interim bail with a direction to pay a sum of Rs.4,25,00,000/-but then he paid Rs.3,65,10,803/- and thereafter prayed for time to deposit the residual part of the amount and he did it subsequently, of course a little late in terms of the order passed by the learned court below.
The learned Advocate of the State resisted the prayer for bail. I have heard both sides. Perused the order dated 28.1.2014. Correct it is that the petitioner could not remain true to his words by making the payment of amount within the stipulated time granted by the learned court below. But later he paid in full. The laches is not so serious as may warrant cancellation of bail or detention of the petitioner behind the bar for further period.
Accordingly, I allow the prayer for bail in respect of the present petitioner to the extent of Rs. 20,000/- with two sureties each of Rs. 10,000/- one of whom must be local to the satisfaction of the learned Chief Judicial Magistrate, Alipore on condition that he shall meet the Investigating Officer once a week until further order or submission of charge sheet whichever is earlier and he shall not leave the jurisdiction of the concerned Police Station until further order of this court.
The application for bail is thus disposed of.
( Toufique Uddin, J. )