Kamlesh Majithia vs. Commissioner Of State Tax And Ors
Facts
The applicant, Kamlesh Majithia, filed an anticipatory bail application apprehending arrest for an offense under Section 132 of the Maharashtra Goods and Services Tax Act, 2017. A previous application for pre-arrest bail was rejected by the High Court on March 13, 2023, with an observation that the applicant should cooperate with the investigation for recording his statement and verifying books of accounts related to M/s. Platinum Trading Company. The applicant appeared only once on April 5, 2023, and failed to appear on April 11, 2023, citing a family death. He did not subsequently cooperate with the investigation or produce the required documents, despite the previous court order.
Held
The Court held that the applicant had filed successive bail applications without complying with the conditions of the previous order. The previous application was dismissed with directions for the applicant to cooperate with the investigation. The applicant's failure to appear on subsequent dates and produce the required documents demonstrated a lack of cooperation. The Court found that entertaining such an application would encourage forum shopping, which is detrimental to judicial discipline. Therefore, the application was dismissed. The Court did not expressly leave any issue undecided.
Key Issues
1. Whether the present application for anticipatory bail is maintainable in light of the previous rejection of a similar application by this Court, and the applicant's subsequent non-compliance with the court's directions to cooperate with the investigation? Petitioner's Argument: The judgment does not record any specific arguments made by the petitioner in support of the maintainability of the successive application. Revenue's Argument: The revenue contended that the applicant has filed successive bail applications without complying with the conditions of the previous order. They argued that entertaining such applications would encourage forum shopping, which is not conducive to judicial discipline.
Sections Cited
Section 132, Section 438
AI-generated summary — verify with the full judgment below
Megha 11_aba_1107_2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURI ICTION ANTICIPATORY BAIL APPLICATION NO.1107 OF 2023 Kamlesh Majithia ...Applicant Versus Commissioner of State Tax, Maharashtra State and Ors. ...Respondents ... Mr. Pankaj D. Jain with Ms Tejashree R. Kamble i/b. M/s. P.D. Jain and Co. for the Applicant. Mr. S.V. Gavand, APP for Respondent -State. Mr. R.K. Pathak, SPP for MGST.
CORAM: SMT. ANUJA PRABHUDESSAI, J. DATED : 17th APRIL, 2023. P. C. :-
This is an application under Section 438 of the Cr.P.C. filed by the aforesaid Applicant apprehending his arrest in File No.AC(INV)D-001/Rai. Dn/Platinum Trading Co?B-345, Navi Mumbai, for the offence punishable under Section 132 of the Maharashtra Goods and Services Tax Act,, 2017. 2. Heard Mr. Pankaj Jain, learned counsel for the Applicant, Mr. R.K. Pathak, learned Spl. PP for Respondent Nos.1 and 2 and Mr. S.V. Gavand, learned APP for Respondent No.3-State. I have perused the records and considered the submissions advanced by the learned
1/3 MEGHA S PARAB MEGHA S PARAB Date: 2023.04.19 17:19:41 +0
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