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1 - 3 of 3 (0.22 seconds)Section 120B in The Indian Penal Code, 1860 [Entire Act]
Gajanan Dattatraya Pore vs The State Of Maharashtra on 11 July, 2005
7. Based on the above decision, the learned
counsel for the appellant submits that the
subsidy diversion allegation is qua the
12025 SCC OnLine SC 1571
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Company. The appellant is allegedly one of
the Directors of the Company. To what extent
the appellant’s culpability is there in the
crime, is a matter of trial. In such
circumstances, taking into account that the
offences for which the appellant is
suffering incarceration or had suffered
incarceration are triable by a Court of
Magistrate, it was not a case where
consideration of the bail prayer of the
appellant should have been deferred even
though investigation was complete and by
then the appellant had already suffered
incarceration for a period exceeding five
months. Otherwise also, if a person is
unable to comply with the undertaking, that
is not a ground to defer consideration of
bail prayer on merits.
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