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Orissa High Court · body

2010 DIGILAW 516 (ORI)

Sunil Kumar Agarwala v. Union of India

2010-07-28

B.P.RAY

body2010
ORDER 28.7.2010 — Heard, Miss. Nanda learned counsel for the petitioners and Mr. P.K. Ray, learned Senior Counsel appearing for the Central Excise Department. This is an application under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioners. The petitioners have been implicated in an offence u/s 14 of the Central Excise Act, 1944 by the Superintendent (Preventive) Central Excise Customs and Service Tax, Bhubaneswar. Miss. Nanda, learned counsel for the petitioner submits that the petitioners have appeared before the authority and have given the statements as required by the authorities. Ms. Nanda apprehends that in the summons it has been indicated that the petitioners may be prosecuted for giving false statements u/s. 193 & 228, I.P.. where punishment is 7 years. She further states that as the offence is non-bailable one, the petitioners may be prosecuted for the aforementioned sections and may be arrested. Therefore, the application for anticipatory bail is maintainable. It is further submitted that the petitioners are ready and will¬ing to cooperate with the investigation. In view of the above, it is directed that in the event, the petitioners are arrested, they shall be released on bail by the arresting officer on such terms and conditions as he deems fit and proper. It is further directed that if the petitioner do not cooperate with the investigation, the Department is at liberty to apply for modification of the order. The BLAPL is accordingly disposed of. Urgent certified copy of the this order be granted on proper application. BLAPL disposed of.