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TMI Blog2021 (1) TMI 1150X X X X Extracts X X X X X X X X Extracts X X X X ..... tions imposed - application allowed. - Bail Appln./134/2021, 61/2021 - - - Dated:- 20-1-2021 - HONOURABLE MR. JUSTICE HITESH KUMAR SARMA FOR THE PETITIONER : MR. B HALDAR, ADVOCATE ORDER Heard Mr. B Haldar, learned counsel for the petitioner in Bail Application No. 134/2021 and Mr. S Barman, learned counsel for the petitioner in Bail Application No. 61/2021 as well as Mr. SC Keyal, learned Standing Counsel, DRI/respondent. These applications have been, filed under Section 439 of the Cr.PC. seeking bail of the petitioner, namely, Sunil Ramchand Hemnani @ Sunil Ramachand Hemnani and Sanju Raju Tolani, in connection with DRI Case No. 09/CL/IMP/GOLD/DRI/GZU/2020-21, punishable under Section 135 of the Customs Act, 1962. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to have been committed by the petitioners are bailable as per the provisions of Section 135(1)(i)(A) of the Customs Act. They have also referred to the provisions of Section 135(1)(ii) of the Customs Act that the cases which are not covered by the provisions of Section 135(1)(i)(A) of the Customs Act are bailable. The learned Standing Counsel, DRI, Mr. SC Keyal has submitted that the petitioners were working for the single syndicate as couriers of gold and they have committed the said offence in an organized manner. According to him, the recovery/seizure although made from different persons, yet considering the fact that they are working for the same syndicate, the value of the seized gold bars be taken together for consideration of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons that the petitioners: (a) shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati, without prior written permission from him and without intimation to the Investigating Custom Officer; (b) shall not hamper with the investigation, or tamper with the evidence of the case; and (c) 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 facts to the Court or to any police officer The learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati shall be at liberty to impose any other conditions while releasing the petitioners on bail. Return the case diary. This ..... X X X X Extracts X X X X X X X X Extracts X X X X
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