IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4214 OF 2008 CRIMINAL APPLICATION NO. 4214 OF 2008 CRIMINAL APPLICATION NO. 4214 OF 2008 Lalit Trilokchand Jain ...Applicant vs. Union of India & Ors. ...Respondents Mr.U.P. Warunjikar and Mr.S. Kantawala for the Applicant. Mr.D.N. Salvi for Respondent Nos.1 and 2. Mr.S.R. Shinde, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 6, 2009 DATED : JANUARY 6, 2009 DATED : JANUARY 6, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and Counsel for the Respondents. 2. The applicant has been arrested on 8th November, 2008. It was alleged in the remand application that the applicant had committed an offence under Section 9(1)(c) of the Central Excise Act, 1944. It is alleged that the applicant had used fabricated and forged document for the purpose of seeking benefit of rebate on the basis of goods exported by M/s.Ramdev Chemical Industries. 3. By order dated 24th December, 2008, the Vacation - 2 - Court has given a chance to the respondent to produce any material showing the culpability of the applicant. The applicant is in jail since last 58 days. The only allegation against him is that cheque for an amount of Rs.38.65 lakhs which was issued by Sayyed Jaffer Hussain alias Sandeep Shah from the bank account of M/s.Ramdev Chemical Industries was presented by the present applicant to the bank for the purpose of discounting it through one Vikas Joshi. It is alleged that the said cheque was deposited by the present accused in the account of M/s.Globe Enterprise after the commission for the cheque discounting was deducted, cash was paid for the realisation of the cheque. It is an admitted position that the present applicant has already deposited an amount of Rs.38.65 lakhs without prejudice to his rights and contentions and in order to show his bonafide, in favour of Central Excise department. 4. According to the Counsel for the respondents, investigation is still going on since the absconding accused is not being arrested. In my view, merely because the absconding accused Shri Sayyed Jaffer - 3 - Hussain alias Sandeep Shah is not arrested, that could not be a ground to detain the present applicant endlessly. The applicant already is in jail since last 58 days. He has also deposited the amount which was received by him. Under these circumstances, in my view, the ends of justice would be met if the applicant is released on bail. 5. The applicant be released on bail in the sum of Rs.25,000/- with one or two sureties in the like amount. The applicant, however, shall report to respondent no.2 - Inspector, Central Excise, Headquarters Preventive Raigad Commissionerate, Panvel Excise Office, as and when called. However, the applicant shall report for a period of 2 days between 11 to 5 p.m. on Wednesday and Thursday for a period of two weeks and thereafter whenever called. 6. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)