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TMI Blog2019 (5) TMI 1368X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 104 is exercising the very same powers of an officer in charge of a Police station as provided under Section 436 of the Code of Criminal Procedure. Section 436 of the Code states that the officer or the Court has no discretion in the matter except to release the accused on bail when produced before them. Even the Court has no discretion while granting bail under Section 436 of the Cr.P.C to impose any condition except the demand for security with sureties. In appropriate cases, the Court has discretion to release the accused by taking only a personal bond without insisting for surety for his appearance. In no event, can onerous conditions be imposed by either the officer or by the Court while releasing the accused in a bailable off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 lakhs. Their voluntary statement was recorded by the Superintendent of Customs, Air Intelligence Unit, Cochin and they were paced under arrest. The offences alleged against the petitioners are, inter alia, under Sections 132, 135 (a), (b), (c) of the Customs Act, 1962. The offences alleged are noncognizable and bailable. Being bailable offences, the officer proceeded to exercise powers under Section 104 (3) of the Customs Act and grant bail to the petitioners by Annexures-A2 and A3 orders produced in all these cases. The conditions imposed are identical and the same is extracted below for easy reference. 1. Two persons to stand surety, on whose behalf the petitioner/accuse shall be released on bail. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cise of powers under Section 104 is exercising the very same powers of an officer in charge of a Police station as provided under Section 436 of the Code of Criminal Procedure. 6. Section 436 of the Code reads as follows:- 436-In what cases Bail may be taken 1) When any person other than a person accused of a nonbailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail: Provided that such officer or Court, if he or it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ureties. In appropriate cases, the Court has discretion to release the accused by taking only a personal bond without insisting for surety for his appearance. In no event, can onerous conditions be imposed by either the officer or by the Court while releasing the accused in a bailable offence. 8. In Talab Haji Hussain V Madhukar Purushottam Mandkar (AIR 1958 SC 376), a similar question concerning Section 496 of the old Code which is similar to Section 436 of the new Code came up for consideration before the Hon ble Supreme Court. It was observed in paragraph 3 of the judgment as follows:- There is no doubt that under S.496 a person accused of a bailable offence is entitled to be released on bai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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