2016 (3) TMI 705 - SC - Customs

Grant of bail after imposing condition of deposit - Admission of liability for payment of duty under the Customs Act, 1962 - Condition stayed by this court as far back as on 17th August, 2010 - Held that - the accused appellant should be permitted to remain on bail granted by the High Court and the condition of deposit of ₹ 200 crores should not be interfered with. - Decided in favour of appellant

Summary

Issues:
Challenge against High Court's order imposing bail condition of depositing Rs. 200 crores; Stay of the bail condition by Supreme Court; Trial status and commencement.

Analysis:
The Supreme Court heard the counsels for both parties regarding the challenge against the High Court's order imposing a bail condition of depositing Rs. 200 crores on the appellant. The High Court had granted bail subject to this condition due to the appellant's alleged admission of liability for payment of duty under the Customs Act, 1962. The Supreme Court noted that the bail condition had been stayed since 17th August, 2010, allowing the accused to remain on bail for nearly six years. The respondent's counsel failed to update the Court on the trial's status, while the appellant's counsel stated that the trial had not even started.

Considering the circumstances and the prolonged stay of the bail condition, the Supreme Court decided to permit the accused appellant to continue on bail as granted by the High Court. The Court also ruled to interfere with the condition of depositing Rs. 200 crores. Additionally, the Supreme Court directed that the trial for the alleged offence(s) against the accused appellant should either commence or continue as per the law before the competent court. With these observations and directions, the Court allowed the appeal, thereby providing relief to the appellant from the stringent bail condition.