9911796707
TMI Blog2016 (6) TMI 356X X X X Extracts X X X X X X X X Extracts X X X X ..... by the provisions of law and a Judicial Officer is required to objectively consider the circumstances to consider whether the discretion of bail is to be exercised in non-bailable offence in a particular case or not. - Decided against the Revenue - CRM M-32281 of 2013 - - - Dated:- 26-5-2016 - M.M.S. BEDI, J. For the petitioner: Mr.Sunish Bindlish, Advocate For the respondent: Mr. N.S. Shekhawat, Advocate This is a petition under Section 439 (2) Cr.P.C. for setting aside the order granting bail to respondent by Sessions Court, Rohtak on August 29, 2013 in proceedings under Section 9 of the Central Excise Act, 1944, for short the Act , claiming that the respondent was arrested on August 13, 2013 in the office punishable under Section 9 of the Act and was produced before the CJM on August 14, 2013. He was remanded to judicial custody till August 21, 2013. The bail application was declined by CJM, vide order dated August 21, 2013 and judicial remand was extended till September 4, 2013. The respondent moved the Sessions Court, Rohtak for grant of bail in which notice was issued for August 27, 2013. Reply was filed in the bail application. Even written submissions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to April 2013 and duty exceeds ₹ 50 lacs. The contentions of learned counsel for the petitioner have been answered by the learned Sessions Judge by making the following observations:- 15. In the instant case, by way of Finance amendment in Act No.17, which came into effect on 10.5.2013, the offence which was non-cognizable and bailable has been made cognizable and non-bailable if the evasion of duty exceeds ₹ 50.00 lacs. 16. Therefore, prior to the amendment which came into effect on 10.5.2013, the right of the accused- applicant was to be enlarged on bail on account of offence being bailable in nature and after the amendment the offence has been made non-bailable and as such the valuable right of the accused applicant to be released on bail by the Arresting officer has been infringed and as such the amendment vide Act No.17 cannot be said to be a procedural amendment rather the same has affected the valuable right of the accused- applicant. 17. The Hon ble Apex Court in Thiramalai Chemicals Limited s case (supra) has dealt with the substantive and procedural law and has come to the following conclusion:- Substantive law refers to body o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ra) has held that the offence of bailable nature, but the amending Bill NO.17 of 2013 has divested the accused- applicant of his right to be released on bail by the Arresting officer by making the offence as non-bailable in nature and as such the same is liable to be construed as prospective in nature. It is pertinent to mention here that there is no saving clause in the newly amended provisions or there is no manifest intention that the amendment which came into effect would operate retrospective and as such it has to be held that the enactment which came into effect was prospective in nature and not retrospective and as such the accused- applicant would be governed by the old provisions i.e. prior to 10.5.2013. In view of the above observations, the respondent had been granted the concession of bail. I have considered the above said observations and taking into consideration the contentions of learned counsel for the petitioner, I do not find any infirmity in the observations made by the Sessions Judge in applying the principle of prospectivity in the matter of interpretation of an amendment. Even if for the sake of arguments, it is presumed that the offence qua the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ailable offence, but that there are sufficient grounds for further inquiry into his 1 guilt the accused shall, subject to the provisions of section 446A and pending such inquiry, be released on bail] or at the discretion of such officer or Court, on the execution by him of a bond without sureties for his appearance as hereinafter provided. (3) When a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under Chapter VI, Chapter XVI or Chapter XVII of the Indian Penal Code or abetment of, or conspiracy or attempt to commit, any such offence, is released on bail under sub- section (1), the Court shall impose any condition (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused or of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fac ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
