Mukesh Dhoot vs. The State Of Telangana
Held
The High Court modified the condition of appearance. The Court acknowledged that the petitioners had been appearing regularly before Respondent No. 2 for the past two years. Instead of a fixed monthly appearance, the Court directed that the petitioners/A3 and A4 shall appear before Respondent No. 2 whenever directed by Respondent No. 2 for the purpose of investigation. The Court also reiterated the requirement for the petitioners to cooperate with the investigation. The ratio decidendi is that while compliance with bail conditions is necessary, rigid adherence to a fixed schedule of appearance can be modified to a more flexible arrangement based on the needs of the investigation, provided the accused cooperate. The Criminal Petition was disposed of with this modification.
Facts
The petitioners, identified as A3 and A4, are seeking relaxation of bail conditions imposed by a lower court. Initially, in November 2018, they were granted bail with a condition to appear before Respondent No. 2 (Superintendent, Central Tax, Anti-Evasion Section, Hyderabad) twice a month. This condition was later modified in September 2020 to appear once a month, on the 4th Monday. The petitioners then filed a petition seeking further relaxation, which was dismissed by the lower court in January 2021. This current petition is filed under Section 482 of the Cr.P.C. to further relax the condition of monthly appearance.
Key Issues
1. Whether the condition imposed on the petitioners/A3 and A4 to appear before Respondent No. 2 once in a month, specifically on the 4th Monday, should be relaxed? Petitioner's Argument: The petitioners contend that they have been regularly attending before Respondent No. 2 in compliance with the court's orders since 2018 and have consistently adhered to the imposed conditions. They argue that given their compliance over an extended period, the condition warrants relaxation. Respondent's Argument: Respondent No. 2 submits that while the petitioners are appearing regularly, they are not submitting the relevant records. Therefore, the respondent argues that the condition imposed on them should not be relaxed.
Sections Cited
Section 482, Section 439(1)(b)
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
The Court made the following: ORDER lVukesh Dhoot, S/o Ram Vitas. _gfg9.t,- ng_qd .44 yrs, Occ. prop. Of M/s Sri Likasan Traders, R/o 19-1-915/tZ1A, "Bhagya G B;ffiijd;;, [y",iu."lZo.'" ....pErrroNEnyAt3t3?"JKjo.Devibagh, [ajesh Dhoot, S/o. Ram Vilas Dhoot, A Dhanlaxmi Traders, R/o 19-1-915/i'7li Bahadurpura, Hyderabad. ged .44 yrs, Occ. prop. Of tr,4/s Sri Om 8, Bhagya Nagar Cblony, Devibagh, ..,PETITIONER/ACCUSED NO. 4 AND '1 The State of relangana, Rep.. by its Spr standing counser, centrar rax, Anti- Evasion section, o-sr commisJ;;idii, at H[d+Bii$;;ffi;;
K. Srinivas, S/o Not Known, Aged. lVrajor, occ. superintendent centrar rax. Anti- Evasion Section, Hyderabad dsr corirmissio"*rie-, Hy;;;;ijil-"" "' ...RESPONDENT NO.2 Petition under section 492 ol cr.p.c praying that in the circumstances stated in the fi/emorandum of Grounds of criminar petltio;, the High court may ue preaseo io lglax the conditions imposed in crr Mp No. 260 or zo20l corp r.ro. i cir i,rF
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