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2015 Supreme(Del) 3763

SUNITA GUPTA
Vijay Verma – Appellant
Versus
State – Respondent


Advocates:
For the Petitioner:Mr. Ashim Vachar, Advocate.
For the Respondents: Mr. O.P. Saxena, APP for the State.
For the Respondent-2:Mr. Satish Aggarwala, Advocate.

JUDGMENT :

Sunita Gupta, J.:--

1. This application under Section 438 of Cr.P.C. has been filed by the petitioner/applicant seeking directions to release him on bail in the event of his arrest in the proceedings initiated by the Office of the Commissioner of Service Tax, IAEA House, 17-B, IP Estate, New Delhi under Section 14 of the Central Excise Act, 1944.

2. The application has been filed by the applicant inter alia on the allegation that he is one of the directors of the company – M/s. Sun Nirman Infrastructure Pvt. Ltd. The company was incorporated in the year 2007. However, the applicant was not involved in its incorporation and was not connected with the said company in any manner whatsoever. The applicant purchased certain shareholding in the company and became one of the directors of the company since December, 2011/ January, 2012. It was only after January, 2012 that he stated looking into the affairs of the company. During his tenure, it was always the endeavour of the company to pay service tax on time. However, on account of earlier defaults and on account of business losses suffered by the company, there had been some delay in making payments towards service tax. The app














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