Page 119 - GSTL_2nd April 2020_Vol 35_Part 1

2020 ] MANMOHAN LALMAN AGARWAL v. STATE OF GUJARAT 21
5. Learned Advocate for the applicants on instructions states that the
applicants are ready and willing to abide by all the conditions, including imposi-
tion of conditions with regard to the powers of Investigating Agency to file an
application before the competent court for their remand. He would further sub-
mit that upon filing of such application by the Investigating Agency, the right of
the applicants-accused to oppose such application on merits may be kept open.
6. In the result, the present application is allowed by directing that in
the event of arrest of the applicants herein in connection with FIR registered as
File No. IV/06-Prev/32/Gr. IV/2019-20 with Central GST and Central Excise, Vadoda-
ra-II the applicants shall be released on bail on their furnishing personal bond of
Rs. 10,000/- (Rupees ten thousand only) each with one surety of the like amount
on the following conditions that they :
(a) shall cooperate with the investigation and make themselves availa-
ble for interrogation whenever required;
(b) shall remain present at the concerned Police Station on 5-2-2020 be-
tween 11.00 AM and 02.00 PM;
(c) shall not directly or indirectly make any inducement, threat or
promise to any person acquainted with the fact of the case so as to
dissuade him from disclosing such facts to the court or to any police
officer;
(d) shall not obstruct or hamper the police investigation and shall not to
play mischief with the evidence collected or yet to be collected by
the police;
(e) shall, at the time of execution of bond, furnish the address to the in-
vestigating officer and the court concerned and shall not change
their residence till the final disposal of the case till further orders
without the permission of Trial Court;
(f) to mark presence once in fifteen days before the concerned Police
Station till filing of the charge-sheet.
(g) shall not leave India without the permission of the Trial Court and if
having passport, shall deposit the same before the Trial Court with-
in a week; and
(h) it would be open to the Investigating Officer to file an application
for remand if he considers it proper and just and the Learned Mag-
istrate would decide the same on merits.
7. Despite this order, it would be open for the Investigating Agency to
apply to the competent Magistrate, for Police remand of the applicants. The ap-
plicants shall remain present before the Learned Magistrate on the first date of
hearing of such application and on all subsequent occasions, as may be directed
by the Learned Magistrate. This would be sufficient to treat the accused in the
judicial custody for the purpose of entertaining application of the prosecution for
police remand. This is, however, without prejudice to the right of the accused to
seek stay against an order of remand, if, ultimately, granted, and the power of
the Learned Magistrate to consider such a request in accordance with law. It is
clarified that the applicants, even if, remanded to the Police custody, upon com-
pletion of such period of Police remand, shall be set free immediately, subject to
other conditions of this anticipatory bail order.
GST LAW TIMES  2nd April 2020  183