Madhya Pradesh High Court
Laxmichand Ahuja vs Union Of India on 18 August, 2015
M.Cr.C. No.6671/2015 & M.Cr.C. No.6672/2015 18.08.2015
Smt. Sudha Shrivastava, learned counsel for the applicant. Shri Mukesh Kumawat, learned Panel Lawyer for the non- applicant/ State.
Heard. Case diary perused.
This is first bail petition under Section 439 of the Cr.P.C. The applicant is in custody since 21/07/2015 in Complaint Case Nos.10/2011 & 11/2011 for the offence punishable under Sections 420, 467, 468, 471, 120B of IPC read with section 276C(1), 276CC, 277A & 278 of Income Tax Act, 1961.
According to the non-applicant, the applicant was involved in providing and making bogus and fake bills for purchase of iron and steels to various parties of Indore. His application for grant of anticipatory bail was rejected in 2012, thereafter, he was absconding and only on 21/07/2015 he was arrested and is in custody .
Learned counsel for the applicant has drawn my attention to the order dated 24/04/2015 and 29/04/205 passed in M.Cr.C. Nos.3261/15 3260/15 and 3264/15 respectively and submitted that looking to the health condition of the applicant, who is suffering from kidney ailment this application for grant of bai l be allowed and the applicant be released on bail.
Learned Panel Lawyer for the non-applicant/State opposed the prayer and drawn my attention to the order dated 29/04/2015 and 24/04/2015 and submitted that the appellant was absconding earlier for a period of more than 3 years. He also placed reliance on the case of Jasdeep Singh Bains v. The State of Union Territory Chandigarh, 2004 CRI.L.J. 2318 and submitted that looking to the facts and circumstances of the case and conduct of the applicant, he prays for rejection of the application.
On due consideration of the aforesaid facts and circumstances of the case and looking to the conduct of the applicant, no case for grant of bail as prayed by the applicant is made out.
M.Cr.C. No.6671/2015 and M.Cr.C. No.6672/2015 are accordingly dismissed with liberty to the applicant to file an application for temporary bail on medical ground.
(P.K. Jaiswal) Judge pn/