Mohd. Irfan v. Union of India and 2 Others
Case brief
What is this about?
This single-judge order considers an anticipatory bail application. The court held that since the underlying offences are compoundable, the applicant should approach the appropriate court regarding the non-bailable warrant rather than this court. The application was therefore rejected without granting bail.
What did the court decide?
Anticipatory bail application rejected. Applicant advised to approach appropriate court regarding non-bailable warrant.
What the court decided
Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4104 of 2022 Applicant :- Mohd. Irfan Opposite Party :- Union Of India And 2 Others Counsel for Applicant :- Shiv Prakash Gupta Counsel for Opposite Party :- A.S.G.I.,G.A.,Gaurav Mahajan,Manoj Kumar Singh
Hon'ble Rajesh Singh Chauhan,J.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State and Shri Gaurav Mahajan, learned counsel for the opposite party No.2.
By means of this anticipatory bail application, the present applicant is apprehending his arrest in Case No.2269 of 2007, under Sections 276-B read with Section 277 of Income Tax Act, (Union of India vs.SYM Inter College and others).
Learned counsel for the applicant has submitted that in the offence in question the punishment prescribed is not less than three months and the maximum punishment is three years.
Per contra, Sri Mahajan, learned counsel for the opposite parties No.2 has submitted that the offence in question is compoundable.
Since the present applicant is not appearing before the learned court below, therefore, coercive steps have been taken against him. Presently, non-bailable warrant has been issued against the present applicant.
After hearing learned counsel for the parties, it is clear that the present applicant is aggrieved from issuance of non-bailable warrant by the learned court below, otherwise, there was no apprehension of arrest of the present applicant.
Issues for consideration
2 issues framed by the court
Whether anticipatory bail should be granted to an applicant apprehending arrest under compoundable tax offences.
Whether the issuance of a non-bailable warrant constitutes a ground for anticipatory bail application.
Parties & counsel
- applicant
Mohd. Irfan
Coram
Rajesh Singh Chauhan
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- ABAIL/4104/2022
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