Smt. Shalini Singhal Vs State of Madhya Pradesh (Madhya Pradesh High Court)
The Madhya Pradesh High Court considered a first application for anticipatory bail under Section 438 CrPC in connection with Crime No. 49/2023 registered by the Economic Offences Wing, Ujjain, for offences under Sections 420, 467, 468, 471 and 120-B IPC. The case arose from a preliminary enquiry conducted by CGST and Central Excise authorities, which allegedly revealed forged bills, invoices, toll receipts and related documents used by certain non-existent firms to facilitate fraudulent transactions and claim wrongful GST input tax credit, causing loss to the exchequer.
The prosecution alleged that the applicant, a director of the concerned company, acted in conspiracy with other accused to generate sham documentation showing sale and purchase of soyabean on paper. The applicant contended that she had been falsely implicated, asserting that she was a dormant partner with no role in day-to-day operations, that the company’s bank account was operated by another co-accused, and that all cheques were signed by him. She expressed willingness to cooperate with the investigation and argued there was no risk of absconding or tampering with evidence.
The State opposed the application, describing the offence as a white-collar crime, alleging active involvement, and contending that custodial interrogation might be required. The Court noted that the alleged offence pertained to a period prior to or during 2020, followed by detailed investigation by revenue authorities before lodging of the FIR. In these circumstances, the Court found that custodial interrogation was not necessary.
