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TMI Blog2021 (11) TMI 663X X X X Extracts X X X X X X X X Extracts X X X X ..... it goes to show that the issuance of notice dated:28-07-2021 and 05-08-2021 is not disputed by the accused. On the other hand, the documents produced by the accused goes to show that he has issued reply in response to the summons referred above and in the said reply he has sought to providing with some documents by the department in connection with the allegations made against him. The complainant is silent about this reply in the remand application or in the objections filed by them for the bail application - From the endorsement made in the summons referred, it appears that the accused was served with the summons and was arrested. As such, it is obvious that the accused was unable to keep himself present before the Prl. Commissioner of Cu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd will cause obstruction to the investigation is not acceptable for the reasons discussed supra. Thus, taking into consideration the facts and circumstances of the case on hand with is discussed in detail, the accused is entitled for bail with conditions - the accused is released on bail, subject to executing the personal bond for ₹ 1,00,000/- (Rs. One Lakh only) and furnishing one solvent surety for like sum or cash security of ₹ 50,000/- on the conditions imposed. Bail application allowed. - Cr.No.31-2021. O.R.No.20/2020-21. - - - Dated:- 30-10-2021 - SMT. PREETH. J., PRESIDING OFFICER, SPECIAL COURT FOR ECONOMIC OFFENCES, BANGALORE. Complainant: (By Spl. Public Prosecutor) Accused: (By Sri. B.A., Advocate) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... death or life imprisonment. The accused has no bad antecedents. Accused is ready and willing to abide by all such terms and conditions likely to be imposed. 3. The complainant filed the objection by reiterating the case and contended that the offence committed by the Accused is punishable up to 7 years. The offence committed by the accused is serious in nature. The accused did not co-operate with the investigation process and he failed to appear before the I.O and dishonoured the summons issued to him on several occasions. Hence, prayed to reject the application. 4. Heard the Ld. counsel of the accused and Spl.P.P. Perused the bail application and the objection filed thereto and materials on record. The points that arise for my det ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tention of the complainant that the idol was sent for re-examination at the request of the accused and another report is obtained by the competent authority dated: 23-07-2021 stating that the idol is antique and this result is conveyed to the accused. It is also the contention of the complainant that summons dated: 28-07-2021 and 05-08-2021 were issued to the accused to appear before the Superintendent of Customs (CIU), but the accused has not appeared. And accordingly, the accused was arrested on 18-10-2021 and produced before this court by obtaining transit order. 8. On perusal of the remand application, the only ground urged for rejection of bail is that the accused did not co-operate through the investigation by not appearing before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rsement made in the summons refereed above, it appears that the accused was served with the summons and was arrested. As such, it is obvious that the accused was unable to keep himself present before the Prl. Commissioner of Customs at Bangalore, though he had the intention of co-operating with the I.O, at Bangalore. As such, from the attending circumstances, it goes to show that the allegation made by the complainant that the accused did not cooperate with them for the investigation is totally misleading. 9. It is argued by Ld. Spl.P.P., that the economic offences are serious offences and only for the reason that it is punishable up to 7 years and triable by this court, bail cannot be granted. It is also argued that in this type of case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mons to the accused and got his arrested at Delhi only to see that he is behind bars for the best reasons known to the officers of the department. Hence, only the considerations which should normally weigh with the Court in the case of other non-bailable offences should also apply to this case though the offence alleged is Economic Offence. There is no hard and fast rule that the bail must be refused invariably in Economic offences. 11. The contention of the prosecution during the course of arguments, that accused may tamper the evidences and will cause obstruction to the investigation is not acceptable for the reasons discussed supra. Thus, taking into consideration the facts and circumstances of the case on hand with is discussed in de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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