Case Law Details
Sunita Shekhawat Vs Union of India (Rajasthan High Court)
1. The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner Sunita Shekhawat Director M/s Siyaram Exports India Pvt. Ltd. The petitioner has been arrested in connection with case No. 56/2016 for the offence(s) under Sections 276CC Income Tax Act pending before the Additional Chief Metropolitan (Economic Offence), Jaipur Metropolitan Second.
2. Learned counsel for the accused-petitioner submits that a false case has been foisted against the petitioner. Learned counsel submits that the petitioner is a lady who happens to be the director of the company, the managing director is Satish Chandra Katta. As per the allegations the petitioner failed to furnish income tax return within the stipulated period and evaded the process for a long time. He further submits that the case is exclusively triable by the Court of Magistrate. He further submits that now she is behind the bars since long time. No useful purpose would be served by keeping her behind the bars as justifiable as the Income Tax Act as contains initiation of proceeding for recovery of amount. Learned counsel for petitioner further asserted that an appeal under the IT Act has been preferred by the company and the same is triable by Jaipur Metropolitan Second.
3. Per contra, learned Public Prosecutor and learned counsel for the complainant vehemently opposed the bail application by contending that the petitioner hag deliberately evaded the process napped yet.
4. Heard learned counsel for both the parties. Perused the entire material made available, on record Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case, this court deems it just and proper to enlarge the petitioner on bail.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
