2023 (3) TMI 848 - HC - Customs

4th bail application under Section 439 of the Code of Criminal Procedure, 1973 - Smuggling - gold - bail also claimed on medical grounds - habitual offender - Revenue opposes the bail application and prays for its rejection submitting that the applicant's earlier two bail applications have been rejected on merit after considering all the facts and circumstances of the case and there is no material changes in the circumstances, in which the applicant may be deserve for bail. HELD THAT - Taking note of the fact that the applicant's earlier two bail applications were rejected on merit after considering all the facts and circumstances of the case and the arguments advanced by counsel for the applicant; the applicant is a habitual offender or not is the fact which may be proved during trial; although the co-accused Shankar Singh Yadav has been enlarged on bail in SHANKAR SINGH YADAV VERSUS DIRECTORATE OF REVENUE INTELLIGENCE ANR. 2023 (3) TMI 791 - SC ORDER , but the case of present applicant is different from the co-accused Shankar Singh Yadav, therefore, he cannot claim parity with the co-accused Shankar Singh Yadav. So far as medical ground taken by the applicant is concerned, from the report dated 06/03/2023 issued by Meeical Officer, Central Jail, Indore, it is clear that proper treatment is being provided to present applicant and he had been sent to M.Y. Hospital, Indore for the purpose of colonoscopy and other treatment and he was advised for surgery at M.Y. Hospital, Indore, but after admission, the applicant himself denied for the aforesaid surgery; the applicant himself is not ready to take treatment; the required treatment is available in Government Hospital also, therefore, on the basis of the treatment, he cannot be enlarged on bail. This Court is not inclined to grant bail to the applicant - Application dismissed.

Summary

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

Summary:
The applicant filed a bail application under Section 439 of the Code of Criminal Procedure, 1973, in connection with a case registered under the Customs Act, 1962 and IPC. The prosecution story involves the interception of a vehicle carrying smuggled gold bars by the investigating authority. The accused were found transporting 3 gold bars weighing 3 k.g. without legal documents. The applicant contended innocence and false implication, citing lack of evidence to connect him to the offence. Previous bail applications were dismissed, but co-accused were granted bail. The applicant's medical conditions were also highlighted as a ground for bail. However, the court noted the previous rejections of bail applications, the seriousness of the allegations, and the applicant's refusal of necessary medical treatment. The court denied the bail application, emphasizing the lack of grounds for granting bail.

The court considered all facts and circumstances, including the previous rejection of bail applications, the nature of the allegations, and the medical condition of the applicant. Despite arguments for innocence and medical grounds, the court found no merit in granting bail to the applicant. The applicant's refusal of necessary surgery and the lack of significant changes in circumstances were crucial factors in the court's decision to dismiss the bail application. The court also distinguished the applicant's case from that of co-accused individuals who were granted bail, emphasizing the need for individual assessment in such matters. The court's decision was based on a comprehensive review of the case details and legal arguments presented by both parties, ultimately leading to the dismissal of the bail application under Section 439 of Cr.P.C.