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TMI Blog2016 (10) TMI 668X X X X Extracts X X X X X X X X Extracts X X X X ..... on that possession of Gold, if not imported through Nepal, is not unauthorized, as the submission is, in the opinion of the Court, no useful purpose would be served by detaining the applicant in jail in any more, keeping in view the ratio of judgment given by Apex Court in the case of Sanjay Chandra v. C.B.I. [2011 (11) TMI 537 - SUPREME COURT]. Applicant-Vinod Kumar Verma involved in Complaint ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icant and in any case recovered item is not prohibited as it was not imported through Nepal and stipulation made in the statement, was subsequently got added. It is further submitted that earlier this offence was bailable but has now become non-bailable but the criteria to grant bail remains unchanged. Maximum punishment provided is 7 years imprisonment. Applicant is lying in jail since 21-11-2015 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n any more, keeping in view the ratio of judgment given by Apex Court in the case of Sanjay Chandra v. C.B.I. [(2012) 1 SCC 40] 6. Consequently, applicant-Vinod Kumar Verma involved in Complaint Crime No. 41/2015, Complaint No. 0000105 of 2016, under Sections 104, 110, 111, 135 of the Customs Act, 1962, Police Station D.R.I., Lucknow, is directed to be released on bail subject to the following ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n case of his absence, without sufficient cause, the trial court may proceed against him under Section 229A of the Indian Penal Code. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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