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Rajasthan High Court - Jaipur

Shri Mohammed Ali Akram Khan Son Of ... vs Union Of India on 10 January, 2023

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application No. 13860/2022

Shri Mohammed Ali Akram Khan Son Of Mohammed Iqbal Khan,
Aged About 39 Years, Residing At No. 630, P.o. Buxi Bazar,
Cuttak Sadar, Cuttak Odisha 753001 ( At Present Confined In
Central Jail Jaipur)
                                                                      ----Petitioner
                                      Versus
1.       Union Of India, Through The Superintendent, Cgst, Jaipur.
2.       Union Of India, Through P.p
                                                                   ----Respondents


For Petitioner(s)            :    Mr. Saurabh Bhandari
                                  Mr. Salim Khan Gauri
For Respondent(s)            :    Mr. Kinshuk Jain, Sr. Advocate for GST
                                  assisted by Mr. Saurabh Jain




          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                                       Order

10/01/2023

       The matter comes upon an application (No.01/2023) for

grant of interim bail application to the accused-petitioner stating

therein that his father            Mohd. Iqbal Khan has expired on

09.01.2023.

       Counsel for the petitioner submits that the presence of the

petitioner is very much essential for doing the rituals and last rites

of his father. In such circumstances, it is prayed that the petitioner

may be released on interim bail for a period of one month.

       Learned counsel for the GST verify the fact of death of

petitioner's father but he has opposed the prayer made by the

counsel for the petitioner.


(Downloaded on 11/01/2023 at 12:27:49 AM) (2 of 3) [CRLMB-13860/2022] Considering the fact that the father of the petitioner was expired on 09.01.2023 and for doing the last rituals of his father the present of the present petitioner is very much essential, I deem it just and proper to grant him interim bail for a period of fifteen days i.e. from 10.01.2023 to 25.01.2023 till 5 PM.

Accordingly, the application No.01/2023 for interim bail filed under Sec.439 Cr.P.C. is allowed and it is directed that the petitioner Shri Mohammed Ali Akram Khan S/o Mohammed Iqbal Khan arrested in connection with Case No.DGGI/INV/GST/227/2022-GR-D O/O ADG-DGGI-ZU-Jaipur, 2017, for offences under Section 132(1)(B)(F)(H)(J)(L) of the Central Goods and Services Tax Act, 2017 read with Sub Section 5 of Section 132 of the Central Goods and Services Tax Act, be released on interim bail for a period of fifteen days i.e. from 10.01.2023 to 25.01.2023 till 5 PM, subject to the condition that he shall deposit an amount of Rs.2,50,000 (Two Lakhs Fifty Thousand) alongwith his passport before the trial court and provided he furnishes a personal bond in a sum of Rs.4,00,000/- with two sound and solvent sureties in the sum of Rs.2,00,000/- each to the satisfaction of learned trial court for his surrender on completion of fifteen days period i.e. from 10.01.2023 to 25.01.2023 till 5 PM.

If the petitioner surrenders within the stipulated period before the concerned Jail, then the amount alongwith the passport of the petitioner so deposited before the trial court shall be returned/refunded back to him and if the petitioner fails to surrender within the stipulated period, then the amount so deposited shall be forfeited immediately. (Downloaded on 11/01/2023 at 12:27:49 AM)

(3 of 3) [CRLMB-13860/2022] Let this application for grant of interim bail be again listed on 30.01.2023 and on that date, learned Public Prosecutor and learned counsel for the petitioner shall be required to submit the compliance of this order.

(MANOJ KUMAR GARG),J Ishan/96 (Downloaded on 11/01/2023 at 12:27:49 AM) Powered by TCPDF (www.tcpdf.org)