2024 (9) TMI 1368 - SCH - Customs

Seeking grant of bail - offence committed under Sections 135(1)(a) and 135(1)(b), and punishable under Section 135(1)(i)(A) of the Customs Act - HELD THAT - Having regard to the fact that the appellants have already undergone sixteen months of incarceration (as on date), and that the charge-sheet has been filed as back as in August, 2023 and since then, even the charge has not been framed by the Trial Court, without going into the merits of the cases, the present appeals accepted. In that view of the matters, the appellants namely, Premal Ketan Radia and Anil Paswan @ Anil Saroj, are directed to be released on bail in connection with the Criminal Complaint Case No. 67(O) 2023 arising out of the D.R.I. Regional Unit Patna, Unit Case No. 5/2023-24 dated 09.06.2023, lodged before the Court of Presiding Officer(Special), Economic Offences, Civil Court, Patna for the offence committed under Sections 135(1)(a) and 135(1)(b), and punishable under Section 135(1)(i)(A) of the Customs Act, if they are not required in any other case, on such terms and conditions that may be imposed or deem fit by the Trial Court, including the condition that the appellants shall deposit their passport with the Trial Court and give their correct addresses and contact numbers on affidavit. They shall also co-operate with the Trial Court in concluding the trial expeditiously. Appeal allowed.

Summary

The Supreme Court granted bail to appellants Premal Ketan Radia and Anil Paswan in a Customs Act case due to delay in trial proceedings. The appellants must comply with specified conditions, including depositing their passports and cooperating with the Trial Court. The State can seek bail cancellation if conditions are violated.