9911796707
TMI Blog2019 (10) TMI 1357X X X X Extracts X X X X X X X X Extracts X X X X ..... llant No.2 is a resident of Nepal and also the seriousness of the nature of crime, the bail cannot be granted to the applicants at this stage. The investigating agency is directed to conclude the investigation, preferably, within a period of three months from today - the applicants can approach this Court again after the investigation is complete - application disposed off. - Bail No. - 4300 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that Panchnama proceedings were conducted overnight on 06.12.2018 and culminated on 07.12.2018 at 8 a.m. in the morning. Learned counsel for applicants submits that (i) the applicants accused are in jail since 06.12.2018; (ii) The offence alleged is punishable with a maximum sentence ofseven years; (iii) Even pre charge evidence has not commenced. (iii) It is further submitted that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 161 Cr.P.C. and the same can be used as evidence against them as well as against co-accused persons. He further submits that under Section 123 of the Customs Act burden of proof in this case lies on the applicants. He further submits that address given by the applicant No.1 in the bail application was not found correct while the team of D.R.I. officer visited at that address and the ward couns ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the material on record, the fact that further investigation is going on, address of applicant No.1 has not been found proved by the D.R.I. team, the fact that appellant No.2 is a resident of Nepal and also the seriousness of the nature of crime, I am not inclined to grant bail to the applicants at this stage. The investigating agency is directed to conclude the investigation, preferably, with ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
