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Court converts warrants to bail, imposes conditions on petitioners. Must appear before specified date. The court allowed the bail application of the petitioners and directed the conversion of non-bailable warrants into bailable warrants. The petitioners ...
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Court converts warrants to bail, imposes conditions on petitioners. Must appear before specified date.
The court allowed the bail application of the petitioners and directed the conversion of non-bailable warrants into bailable warrants. The petitioners were instructed to appear before the Chief Judicial Magistrate (Economic Offences), Jaipur, by a specified date. The conditions of bail required the petitioners to furnish a personal bond and sureties, make themselves available for interrogation, refrain from influencing witnesses, and obtain court permission before leaving India. This decision was based on the deposit of tax with interest and the petitioners' willingness to face trial.
Issues: Complaints under sections 276B and 278B of the Income Tax Act, 1961 - Failure to deposit tax deducted - Application for anticipatory bail - Conversion of non-bailable warrants into bailable warrants.
Analysis: The judgment by KAPUR J. deals with complaints filed against partners of a firm for failing to deposit tax deducted while paying interest to creditors. The total tax amount deducted was Rs. 1,33,810, which was subsequently deposited along with interest at 15% per annum, totaling Rs. 6,686. The petitioners sought anticipatory bail, arguing that the tax was deposited with interest after a mistake and no penalty notice under section 221 of the Income Tax Act was issued. The court considered previous cases and found that since the tax was deposited before the complaint, the nature of the offense needed examination. Consequently, the non-bailable warrants were converted into bailable warrants, and the petitioners were directed to appear before the Chief Judicial Magistrate (Economic Offences), Jaipur, by a specified date.
The judgment allowed the bail application of the petitioners and directed the conversion of non-bailable warrants into bailable warrants. The SHO/Arresting Officer/Investigating Officer was instructed to release the petitioners on bail upon arrest, provided they furnish a personal bond and sureties. The conditions of bail included making themselves available for interrogation, refraining from influencing witnesses, and obtaining court permission before leaving India. The decision was based on the deposit of tax with interest and the petitioners' willingness to face trial, leading to the conversion of warrants and grant of bail under specified conditions.
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