2023 (10) TMI 1338

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....ter referred to as 'IPC'), at the City, Police Station in Sirsa. 2. The prosecution's case is that on October 24, 2022, a letter dated 11.12.2019 was received from the office of Deputy Excise Taxation Commissioner (ST), Sirsa Vanijya Bhawan, Barnala Road, Sirsa, from Excise Taxation Officer Ward No.5, Sirsa, to the Superintendent of Police, Sirsa, requesting the lodging of an FIR against Madan Lal, son of Shri Sunder Ram, resident of H.No.85, Village Shaidanwali, Tehsil District Sirsa, Proprietor of M/S. J.C. Enterprises, Sirsa, Holding TIN 06722918871. 2.1. In the said letter, it was informed that a firm by the name of M/s. J.C. Enterprises, Janta Bhawan Road, Sirsa, was found involved in claiming a bogus refund on account of inp....

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....ulting in a revenue loss of Rs. 29,29,359/- to the State Exchequer, as per revision order No. 05A/2011-12 dated 11.11.2014. An FIR was registered. 2.2. During the course of the investigation, initially, co-accused Mahesh was arrested, and after his arrest, the petitioner's name surfaced, ultimately leading to the petitioner's arrest on May 29, 2023, where he has remained in custody since. 3. Learned counsel for the petitioner contends, among other things, that the petitioner was not named in the FIR. He retired as a Joint Commissioner of Excise and Taxation in 2014. He further submits that the petitioner was transferred to Sirsa in 2009 as a Deputy Excise and Taxation Commissioner and remained at Sirsa until 03.07.2012. All th....

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....rned counsel further urges that the petitioner has been falsely implicated in 15 other cases, and intriguingly, all these cases were registered on the same day, i.e., on 24.10.2020, based on complaints from the same person, under the same sections, with the same set of allegations and the same modus operandi. 4. On the contrary, learned State counsel strenuously opposes the petition, expressing concerns about the possibility of the petitioner fleeing from trial proceedings if granted bail. He submits that the allegations against the petitioner are serious. He submits that petitioner is involved in 22 other cases and only in 01 case, he is on bail. 5. I have heard the rival arguments and reviewed the case file. 6. In response to a q....