Bombay High CourtABA/9/2016allowed

Nitin S/O Bhagirath Chandak v. State Of Maharashtra, Through Its P.S.O. Gadge Nagar P.S. Amravati

2016-04-15Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba9.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO.9/2016 Nitin s/o Bhagirath Chandak ..Versus..

State of Maharashtra, through its Police Station Officer, Gadge Nagar Police Station, Tah. and Distt. Amravati - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 15.4.2016 Heard Shri A.S. Mardikar, Senior Advocate assisted by Shri S.G. Joshi, Advocate for the applicant and Shri S.S. Doifode, A.P.P. for the non-applicant.

The applicant apprehends arrest in crime registered against him for the offence punishable under Sections 406, 409, 420, 468, 471 and 120-B of the Indian Penal Code and Sections 73(3)(M), 74(3)(O) of the Maharashtra Value Added Tax Act, 2002. According to the non-applicant, the applicant has not deposited the amount of value added tax collected by him from the purchasers, to the extent of Rs.1,85,52,437/-.

In paragraph no.6 of the additional reply filed by the non-applicant on 25th February, 2016 it is stated that the applicant

2 aba9.16 had filed an application praying that the assessment order for the period 2010 - 2011 be cancelled as the assessment was conducted in his absence and the Assessing Officer has cancelled the assessment orders for the period 2010 - 2011 and 2011 - 2012 and the re-assessment of liability of the applicant is going on. Considering the facts of the case, that the applicant is not involved in any crime earlier and as the non-applicant has not been able to show that the custody of applicant is required for further investigation, in my view, the interim order granted by this Court on 7th January, 2016 is required to be confirmed. Hence, the following order:

(i) In the event of arrest in Crime No.553/2014 registered by the non-applicant, the applicant be released on bail on furnishing P.R. Bond for Rs.10,000/- (Rs. Ten Thousand Only) and one solvent surety in the like amount.

(ii) The application is allowed in the above terms. CRIMINAL APPLICATION (APPP) NO.24/2016 In view of disposal of main application, this application does not survive and is disposed of accordingly.

JUDGE Tambaskar.