2020 (9) TMI 56 - HC - Customs

Grant of Bail - Smuggling - Sections 135 of Custom Act - HELD THAT - Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicants are entitled to be released on bail in this case. Let the applicants Pintu Verma @ Mukesh Verma and Deepu Verma, under Sections 135 Custom Act, Police Station Custom be released on bail on their furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions imposed.

Summary

Issues involved: Bail application; Enforcement of conditions; Compliance with court orders; Covid-19 lockdown impact on sureties

In this judgment by the High Court, the issue at hand was a bail application for the applicants, who were seeking release in a case under Sections 135 of the Custom Act. The applicants argued that other co-accused had been granted bail, and they should also be released as the alleged offense was bailable and the recovery amount was less than one crore. The applicants assured the court of their cooperation in the trial if granted bail. On the other hand, the learned A.G.A. opposed the bail application. The court, without delving into the case's merits, considered the severity of punishment, supporting evidence, witness tampering concerns, and prima facie satisfaction of the charges to grant bail to the applicants.

The court ordered the release of the applicants on bail upon furnishing personal bonds with two sureties each, subject to specific conditions. These conditions included undertaking not to seek adjournments during witness presence, mandatory presence at trial dates, consequences of bail misuse, and personal appearance during critical trial stages. Additionally, the applicants were required to file a computer-generated copy of the order from the High Court's official website, attested by their counsel, with verification by the concerned authorities. The judgment also addressed the Covid-19 lockdown situation, allowing accused applicants with bail orders post-15th March 2020 to be released on executing personal bonds due to difficulties in arranging sureties caused by the lockdown.

This comprehensive judgment by the High Court not only granted bail to the applicants based on specific considerations but also laid down stringent conditions to ensure their compliance with the court's directives. The court balanced the concerns of witness tampering and severity of punishment with the applicants' right to liberty, emphasizing the need for cooperation in the trial proceedings. Furthermore, the court's acknowledgment of the challenges posed by the Covid-19 lockdown on arranging sureties highlighted a practical approach to address the unique circumstances affecting the justice system during the pandemic.