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2019 Supreme(HP) 1590

CHANDER BHUSAN BAROWALIA
Gautam Seth – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates Appeared:
Mr. Ajay Kochhar and Mr. Vivek Sharma, Advocates, for the Appellant; Mr. S.C. Sharma and Mr. Shiv Pal Manhans, Additional Advocates General with Mr. Raju Ram Rahi, Deputy Advocate General, for the Respondent

JUDGMENT

Chander Bhusan Barowalia, J. - The present bail applications have been maintained by the petitioner under section 439 of the Code of Criminal Procedure, 1973 seeking his release in case FIR No. 8, dated 03.04.2016, under Sections 420, 467, 468, 471, 201, 217, 218, 120B IPC and Section 13(1)(d) of PC Act, and FIR No. 9 of 2016, dated 03.04.2016, under Sections 420, 468, 471, 406, 409, 411, 201, 217, 218, 120B IPC, 13(1)(C), 13(1)(D)(II) of PC Act, registered in Police Station State CID, Bharari, Shimla, H.P.

2. As per the averments made in the petitions, the petitioner is innocent and has been falsely implicated in the present case. He is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.

3. Police report stands filed. Tersely, as per the prosecution story, Indian Technomac Company depicted high production in order to get loans from the banks and for this the company also prepared the fake documents. Cumulatively, loan liability and tax on the company comes to Rs. 2100 crore, which the company failed to depos

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