2021 (12) TMI 1364 - HC - Customs

Seeking grant of Bail - Smuggling of Gold - statement under Section 108 of Customs Act - it is submitted that as per statement of the petitioners under Section 108 Customs Act, they are habitual in same transaction - HELD THAT - Taking into account the facts and circumstances of the case and without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioners on bail. It is ordered that the accused-petitioners Shivram Meena S/o Shri Vishram Meena and GyanchandMeena Son Of Nandlal Meena shall be enlarged on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so - Bail application allowed.

Summary

Issues:
Bail application under Section 439 Cr.P.C. for offences under Customs Act, 1962.

Analysis:
The petitioners filed bail applications under Section 439 Cr.P.C. as they were arrested in connection with a complaint registered under Sections 132, 135(1)(A)(B) of the Customs Act, 1962. The counsel for the petitioners argued that they were wrongly implicated, emphasizing that the alleged gold was recovered from another individual who was already granted bail. The petitioners denied the allegations and claimed lack of concrete evidence against them. They sought bail due to the potential delay in the trial process. The court considered these arguments without expressing any opinion on the case's merits and decided to grant bail to the petitioners.

The Senior Standing Counsel opposed the bail applications, stating that the petitioners, based on their statements under Section 108 of the Customs Act, were habitual in the same transaction. It was highlighted that the investigation was still ongoing. Despite this opposition, the court, after evaluating the contentions from both sides and the case's circumstances, found it just and proper to grant bail to the petitioners.

The court allowed the bail applications under Section 439 Cr.P.C. and ordered the accused-petitioners to be enlarged on bail upon furnishing a personal bond and sureties. Each petitioner was required to provide a personal bond of Rs.50,000/- along with two sureties of Rs.25,000/- each to ensure their appearance before the trial judge on all hearing dates. Additionally, a copy of the bail order was directed to be placed in the connected file for record purposes.