Case Law Details
Bal Mukund Vaishnav Vs State of Maharashtra (Bombay High Court)
The allegation in the present case is not merely that the applicant has evaded payment of tax or falsified financial records or produce fake accounts or furnished any false information with an intention to evade payment of tax. The allegation is that the applicant has produced fraudulent documents and fraudulent NOC while obtaining the registration itself under the said Act. This can be seen from the statement of the owner of the premises.
Learned APP submitted that the applicant has not co-operated with the investigation. It is after the statement of the Chartered Accountant was recorded that the involvement of the present applicant came to light. The persons who are shown to be directors namely Dilkhush Abdul Jabbar and Vijay Singh Naruka are factually working as gas cylinder delivery boy and welder in whose accounts the transaction worth Rs.1,35,00,000/- is shown to have taken place. According to the prosecution, it is the applicant who is the person behind Sneheshwara Enterprises Private Limited operating the affairs with these two Directors as fronts. The statement of the Chartered Accountant reveals that it is the applicant who had approached him for the work relating to the formation of the company.
Having regard to the nature of the accusations, in my opinion, this is not a fit case to grant relief of pre-arrest bail to the applicant. The anticipatory bail application is rejected.
FULL TEXT OF THE JUDGMENT/ORDER OF BOMBAY HIGH COURT
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