Md Raisuddin Sk Alias Raisuddin Sk vs. The State Of Jharkhand
Held
The Court held that while the documents (GST bill, challan, dispatch slip) were prima facie found to be forged and fabricated, the petitioner, as the owner of the vehicle, was not present when the incident occurred. The driver was plying the vehicle at the time of seizure. Given these circumstances, the Court was inclined to extend the privilege of anticipatory bail to the petitioner. The petitioner was directed to surrender in the court below within three weeks and, upon surrender/arrest, to be enlarged on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount, subject to the conditions under Section 438(2) of the Code of Criminal Procedure. The issue of the forgery of GST documents and the petitioner's ultimate liability was not decided on merits, as the application was for anticipatory bail.
Facts
The petitioner, Md. Raisuddin Sk @ Raisuddin Sk., sought anticipatory bail in connection with Amrapara P.S. Case No. 34 of 2020. The case involved the seizure of a vehicle loaded with sand. Upon inspection, photocopies of the transportation challan, GST bill, and dispatch slip were found to be prima facie false and fabricated. The petitioner is the owner of the seized vehicle and claims it was entrusted to the driver. The petitioner apprehended arrest.
Key Issues
1. Whether the petitioner is entitled to anticipatory bail under Section 438(2) of the Code of Criminal Procedure, considering he is the owner of the vehicle seized with allegedly forged GST documents, but was not present during the incident? Petitioner's Argument: The petitioner, as the owner of the vehicle, was not present at the time of the incident and had entrusted the vehicle to the driver. Therefore, he should be granted anticipatory bail. Revenue/State's Argument: The learned Special Public Prosecutor opposed the prayer for anticipatory bail. The judgment does not record specific arguments or reliance on any provisions, circulars, or precedents by the State.
Sections Cited
Section 438(2)
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 10051 of 2022
---- Md. Raisuddin Sk @ Raisuddin Sk. .…..Petitioner
Versus The State of Jharkhand.
….Opposite Party
---- Coram: THE HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY
-------- For the Petitioner : None For the State
: Mr. Prabir Kumar Chatterjee, Special P.P.
-------- 04/6-1-2023 No one appears on behalf of the petitioner. However, Mr. Prabir Kumar Chatterjee, learned Special P.P. is present.
The petitioner apprehends his arrest in connection with Amrapara P.S. Case No. 34 of 2020. A vehicle bearing registration no. NLO1N/4583 loaded with sand was seized and on inspection of the photo copies of the transportation challan, GST bill and dispatch slip, the same were prima facie found to be false and fabricated.
The petitioner appears to be the owner of the seized vehicle and it has been stated in this application that the vehicle was entrusted to the driver.
Learned Special P.P. has opposed the prayer for anticipatory bail of the petitioner.
It appears that it was the driver who was plying the vehicle which was se
The judgment continues below.
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Reproduced from the public record of the Jharkhand High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.