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2022 (11) TMI 1150

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..... of the matter is that for an offence where the maximum sentence could be punishable with imprisonment for seven years, the appellant has undergone custody for about a year. It further appears that the investigation is still pending and the matter is not ripe for trial on merits before the appropriate Court. The appellant shall be produced before the concerned Court within three days and the concerned Court shall release the appellant on bail subject to such conditions as the Court may deem it appropriate to impose - Petition allowed. - CRIMINAL APPEAL NO.1835 OF 2022 WITH SPECIAL LEAVE PETITION(CRL.)No. 7873/2021 - - - Dated:- 21-10-2022 - HON'BLE CHIEF JUSTICE UDAY UMESH LALIT AND HON'BLE MS. JUSTICE BELA M. TRIVEDI .....

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..... market and in the process the offences were committed by the appellant. It appears that the appellant was admitted to regular bail in connection with the aforesaid offences punishable under the provisions of Customs Act vide order dated 28.08.2018. Upon registration of the proceedings by the Enforcement Directorate on 03.02.2021, the appellant came to be arrested in said PMLA case on 28.11.2021 and has since then been in custody. At this stage, we need not go into the submissions raised on behalf of either side. The fact of the matter is that for an offence where the maximum sentence could be punishable with imprisonment for seven years, the appellant has undergone custody for about a year. It further appears that the investigation .....

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..... al No.1835 of 2022 arising from Special Leave petition(Crl.) No.4094 of 2022. According to the prosecution, the gold jewellery was sought to be diverted with the help of the present respondent. After considering the matter on various issues, the High Court was pleased to grant relief of bail vide order dated 05.05.2021, which order is presently under challenge. Without going into any of the grounds which has weighed with by the High Court, we consider the fact that the release was ordered way back on 05.05.2021 and the fact that beyond the assertion that the son was helping his father in the activities as alleged, nothing specifically has been attributed to the respondent. Given the circumstances, in our view, no interference is .....

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