The Bombay high court on May 16 quashed and set aside a magistrate’s order which issued a non-bailable warrant against actor Arjun Rampal in a 2019 tax evasion case. Justice Advait Sethna said, the offence was bailable and hence an order for a non-bailable warrant against the actor was incorrect.
Arjun challenged the April 9 order of the additional chief metropolitan magistrate, Ballard Pier, Bombay. An advocate had sought his exemption from appearance, but the magistrate had rejected the application, observing that the accused failed to comply with bail provisions.
Justice Sethna noted that under section 276C(2) (wilful attempt to evade tax etc.) of the Income Tax Act, the maximum sentence was only three years and the offence was bailable in nature. The magistrate “not taking into consideration such position, has mechanically passed the order… in a bailable offence,” said Justice Sethna. He added that the magistrate had also overlooked the advocate’s presence. “In such circumstances, such order would be contrary to law,” concluded the judge.