9911796707
TMI Blog2022 (1) TMI 577X X X X Extracts X X X X X X X X Extracts X X X X ..... the bail can be cancelled only in those discerning few cases where it is established that a person to whom the concession of bail has been granted is misusing the same. In the instant case, there are no allegations of any tampering with the evidences. There are also no allegations that the respondents are at flight risk or there is any likelihood of absconding. The petitioner department has not been able to make out a case of supervening circumstances on the basis of which the bail granted to the respondents should be cancelled and nothing has been brought on record to show that the respondents have towering personalities that their mere presence out on bail would in any manner thwart the further investigation (if any) of the case or tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the respondents, on their arrival at T-3,New Delhi by Flight No. UK 224 dated 23.09.2020 from Dubai to Delhi on 24.09.2020. In their respective voluntary statements tendered under Section 108 of Customs Act, 1962 the persons namely Shail Anand, Tarush Anand, Ankit Madan and Anil Madan inter-alia admitted the recovery, seizure and other incriminating facts. Thereafter, FIR was registered and investigation was taken up. 3. I have heard learned counsel for the petitioner, learned counsel for the respondents and also perused the reply filed on behalf of respondents. 4. It is submitted by the counsel for the petitioner that the learned CMM while granting bail to the respondents did not deal with all the submissions made on behalf of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the hands of justice and second that accused will not tamper with the evidence. It is further submitted that none of the condition has been violated by the respondents also there are no allegations against the respondents that they ever tried to tamper with the evidence. It is further submitted that there is no likelihood of tampering with the evidence and accordingly the learned CMM has rightly granted bail to the respondents after duly considering the facts of the case. It is further submitted that the cancellation can only be done in cases of supervening circumstances which are totally lacking in the present case. 6. In this regard, Three Judges Bench of Hon'ble the Supreme Court in State (Delhi Administration) vs. Sanjay Gandh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bail once granted should not be cancelled in a mechanical manner without considering whether any supervening circumstances have rendered it no longer conducive to a fair trial to allow the accused to retain his freedom by enjoying the concession of bail during the trial. These principles, it appears, were lost sight of by the High Court when it decided to cancel the bail, already granted. The High Court it appears to us overlooked the distinction of the factors relevant for rejecting bail in a non bailable case in the first instance and the cancellation of bail already granted. 8. It is settled that once bail granted should not be cancelled in a mechanical manner without there being any supervening circumstances which are not conducive ..... X X X X Extracts X X X X X X X X Extracts X X X X
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