TaxTMI 
TaxTMI 
2014 (4) TMI 1284
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....of 2013 has been registered, has filed the above Stamp Number (Application) No. 1262 of 2014 praying for leave to intervene in the bail application. 2. A reply resisting the application for bail has been filed by the Investigating Officer. The intervenor has also resisted the application on various grounds stated in the application for intervention. 3. Shri Tarun Khattar, the Director of M/s. Goa Coastal Resorts and Recreation Private Limited, Porvorim, Goa has lodged a complaint on 20/11/2013 with Porvorim Police Station alleging as follows: Between 11/11/2013 to 18/11/2013, the applicant and the manager of Goa Urban Co-operative Bank Ltd., St. Inez Branch and other unknown persons, with their common intention, dishonestly induced the complainant to deliver Casino gaming chips worth Rs. 6 Crores by taking a sum of Rs. 6 Crores in cash from the complainant in lieu of Pay Orders bearing Nos. 004523, 004524 and 004525 dated 19/10/2013 for the sum of Rs. 80,00,000/- Rs. 60,00,000/- and Rs. 90,00,000/- respectively as genuine, drawn on Goa Urban Cooperative Bank and when the same was deposited in Ratnakar Bank, Porvorim, they were returned back dishonoured on the ground ....
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....a seal, plate, etc with intent to commit forgery punishable under Section 467 of IPC or possessing with like intent any such seal, plate, etc knowing the same to be counterfeited and it provides for punishment of imprisonment for life or imprisonment which may extend to 7 years and fine. Section 474 of IPC pertains to having possession of a document knowing it to be forged, with intent to use it as genuine if the document is one of the description mentioned in Section 466 of IPC and it provides for imprisonment which may extend to 7 years and fine. Section 475 of IPC pertains to counterfeiting a device or mark used for authenticating documents described in Section 467 of IPC or possessing counterfeit marked material and provides for punishment of imprisonment for life or imprisonment which may extend to 7 years and fine. Lastly, Section 409 of IPC pertains to Criminal Breach of Trust by public servant or by banker, merchant or agent, etc. which provides for imprisonment for life or imprisonment which may extend to 10 years and fine. Thus, none of the offences is punishable with death or with some minimum mandatory imprisonment, if convicted. 6. The reply reveals that the stateme....
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.... others", [2014 (1) Bom. C.R. (Cri.) 477] : [2014 ALL SCR 621], which pertained to cancellation of bail in a case involving offences under Sections 120-B, 406, 409, 411, 420, 465, 466, 468, 471, 109 read with Section 34 of IPC and Section 13(2) read with Section 13(1)(c) and 13(1)(d) of the Prevention of Corruption Act, 1988, it was found the charge was serious supported by a detailed charge sheet running into 268 pages; role of the appellant was not less than that of three others whose bail had been rejected; and no adequate opportunity was given to the Public Prosecutor to reply on the basis of the charge sheet. The judgment in the case of "Hanuman Vishwanath Nehare Vs. State of Maharashtra and others", [2001 Bom. C.R. (Cri.) 879] also pertained to cancellation of bail granted by JMFC to respondents No. 2 and 3, who were charged for offence punishable under Section 302 read with Section 34 of IPC. Here also, bail was granted without hearing the learned Assistant Public Prosecutor. The learned Counsel next relied upon the case of "State of Maharashtra Vs. Rajendra Shantilal Nahar", [2004 (1) Bom. C.R. (Cri.) 498] : [2004 ALL MR (Cri.) 1054] which again pertained to cancellation of....
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....e a reference. While under sub-sec. (1) of S. 437 Cr.P.C. the words are: "If there appear to be reasonable grounds for believing that he has been guilty". Sub-Sec. (7) says: "that there are reasonable grounds for believing that the accused is not guilty of such an offence". This difference in language occurs on account of the stage at which the two sub-sections operate. During the initial investigation of a case in order to confine a person in detention, there should only appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life, whereas after submission of charge-sheet or during trial for such an offence the court has an opportunity to form somewhat clear opinion as to whether there are reasonable grounds for believing that the accused is not guilty of such an offence. At that stage the degree of certainty of opinion in that behalf is more after the trial is over and judgment is deferred than at a pre-trial stage even after the chargesheet. There is a noticeable trend in the above provisions of law that even in case of such non-bailable offences a person need not be detained in custody for any period more than it i....
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....asonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty. 22. From the earliest times, it was appreciated that detention in custody pending completion of trial could be a cause of great hardship. From time to time, necessity demands that some unconvicted persons should be held in custody pending trial to secure their attendance at the trial but in such cases, "necessity" is the operative test. In this country, it would be quite contrary to the concept of personal liberty enshrined in the Constitution that any person should be punished in respect of any matter, upon which, he has not been convicted or that in any circumstances, he should be deprived of his liberty upon only the belief that he will tamper with the witnesses if left at liberty, save in the most extraordinary circumstances. 23. Apart from the questi....