PRINCIPAL COMMISSIONER OF INCOME TAX CENTRAL 1 KOLKATA vs. M/S MAGNETIC NIRYAT PVT LTD
ITAT/206/2023HC Calcutta22 Jan 2024
Bench: The Learned Special Judge, Cbi Court No.1 (Being The Learned Judge-In-Charge Of E.D. Court) As He Is In Custody For More Than 14 Months & There Has Been No Progress In The Case, Further According To The Petitioner
Section 120B
…791 , the appellant therein was granted bail after being kept in custody for around 49 days, relying on the Constitution Bench in Shri Gurbaksh Singh Sibbia v. State of Punjab (1980) 2 SCC 565, and Sanjay Chandra v. Central Bureau of Investigation (2012) 1 SCC 40, that even if the allegation is one of grave economic offence, it is not a rule that bail should be denied in every case. Ultimately, the consideration has to be made on a case to case basis, on the facts. The primary object is 9 to secure the presence of the accused to stand trial. The argument that the appellant therein was a flight risk…