Madhya Pradesh High Court
M/S Khajana Textiles Pvt. Ltd ... vs Union Of India Thru. Income Tax ... on 18 January, 2022
Author: Anil Verma
1
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
Criminal Revision No.3301/2021
M/s. Khajana Textiles Pvt. Ltd. th. Gopi Agrawal & Another V/s. Union of India
Indore, Dated:- 18/01/2022
Shri Vinay Sarraf, learned Senior Counsel along with Shri
Madhav Khandelwal, learned counsel for the petitioners.
Ms. Veena Mandlik, learned counsel for the respondent.
1. IA No.900/2022, which is an application for taking additional
documents on record is taken up.
2. All the produced documents are relevant for the proper
adjudication of the matter, therefore, application is allowed and the
documents are taken on record.
3. Both the parties are heard on IA No.205/2022, which is an
application under Section 397(1) of the Cr.P.C. for suspension of
sentence and grant of bail.
4. Learned counsel for the petitioner contended that the petitioner
has surrendered and has taken into custody. All the outstanding duty
amount has been deposited by the petitioner. Petitioner has been
convicted under Section 276(c) and 277 of Income Tax Act, 1961 and
sentenced to one year's R.I. with fine of Rs.5,000/- and in default of
payment of fine to undergo one month's additional R.I. He submits
that final conclusion of revision is likely to take sufficient long time.
He has deposited the fine amount. He submits that petitioner was on
bail during trial and he did not misuse the liberty given to him. The
Signature Not Verified
SAN
Digitally signed by NEERAJ
SARVATE
Date: 2022.01.19 15:17:54 IST
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
Criminal Revision No.3301/2021
M/s. Khajana Textiles Pvt. Ltd. th. Gopi Agrawal & Another V/s. Union of India
petitioner is suffering from several medical causalities and has
undergone treatment and surgeries from 31.10.21 till now and surgery
for removal of Gallbladder is suggested by the Doctor. Under these
circumstances, counsel for petitioner prays for suspension of
execution of jail sentence and grant of bail to the petitioner during
pendency of the revision.
5. Per contra, learned counsel for the Union of India opposes the
application and prays for its rejection by submitting that petitioner
does not deserve for such liberty.
6. Perused all the relevant documents as well as the judgment
passed by the trial Court.
7. Considering all the facts and circumstances of the case, nature
and gravity of offence and also taking note of the fact that petitioner
has been convicted under Section 276(c) and 277 of Income Tax Act,
1961 and sentenced to one year's R.I. with fine of Rs.5,000/-, he was
on bail during trial and he did not misuse the liberty given to him. The
petitioner is suffering from various medical causalities and his major
surgery for removal of Gallbladder is due and final conclusion of
revision is likely to take sufficient long time, without commenting on
merits, I deem it proper to allow the application for suspension of
sentence and grant of bail.
Signature Not Verified
SAN
Digitally signed by NEERAJ
SARVATE
Date: 2022.01.19 15:17:54 IST
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
Criminal Revision No.3301/2021
M/s. Khajana Textiles Pvt. Ltd. th. Gopi Agrawal & Another V/s. Union of India
8. It is directed that on deposition of fine amount (if already not
deposited) and also on furnishing personal bond of Rs.75,000/-
(Rupees Seventy Five Thousand Only) with one solvent surety in
the like amount to the satisfaction of the trial Court for his appearance
before this Court/Registry on 11th April, 2022 and on all other
subsequent dates, as may be fixed by the Registry in this behalf, the
execution of substantive jail sentence imposed on the petitioner shall
remain suspended, till final disposal of this revision.
9. IA stands disposed off.
C.c. as per rules.
(ANIL VERMA)
JUDGE
ns
Signature Not Verified
SAN
Digitally signed by NEERAJ
SARVATE
Date: 2022.01.19 15:17:54 IST
