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        2019 (12) TMI 479 - HC - Indian Laws

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        Anticipatory bail refused where alleged fund diversion and custodial interrogation were needed to trace the money trail. Anticipatory bail was refused in a matter involving allegations of cheating and criminal breach of trust arising from a real estate project. The court ...
                        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.

                            Anticipatory bail refused where alleged fund diversion and custodial interrogation were needed to trace the money trail.

                            Anticipatory bail was refused in a matter involving allegations of cheating and criminal breach of trust arising from a real estate project. The court relied on the alleged diversion of funds, disputed transactions, the petitioner's active role in the company, the early stage of investigation, and non-production of relevant documents. It accepted the investigating agency's case that custodial interrogation was necessary to trace the money trail, uncover the alleged conspiracy, recover the cheated amount, and identify the beneficiaries of the proceeds. On those circumstances, pre-arrest protection was declined.




                            Issues: Whether anticipatory bail should be granted to the petitioner in view of the allegations of cheating and criminal breach of trust, and the investigating agency's plea that custodial interrogation was for effective investigation.

                            Analysis: The petition involved serious allegations arising from a real estate project, including diversion of funds, disputed transactions, and the need to trace the money trail and recover the alleged cheated amount. The investigating agency relied on material indicating the petitioner's active role in the company, the early stage of investigation, non-production of relevant documents, and the necessity of custodial interrogation to unearth the conspiracy and identify the beneficiaries of the alleged proceeds. The Court found these circumstances sufficient to decline the request for pre-arrest protection.

                            Conclusion: Anticipatory bail was refused.


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                            ActsIncome Tax
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