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TMI Blog2023 (10) TMI 1443X X X X Extracts X X X X X X X X Extracts X X X X ..... unishment which conviction will entail, the character of the accused, the circumstances which are peculiar to the accused, his role and involvement in the offence, his involvement in other cases and reasonable apprehension of the witnesses being tampered with. Taking into account the totality of facts and keeping in mind, the ratio of the Apex Court's judgment in the case of STATE OF RAJASTHAN, JAIPUR VERSUS BALCHAND @ BALIAY [ 1977 (9) TMI 126 - SUPREME COURT] , GUDIKANTI NARASIMHULU AND ORS. VERSUS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH [ 1977 (12) TMI 143 - SUPREME COURT] , RAM GOVIND UPADHYAY VERSUS SUDARSHAN SINGH AND ORS. [ 2002 (3) TMI 945 - SUPREME COURT] , PRASANTA KUMAR SARKAR VERSUS ASHIS CHATTERJEE AND ORS. [ 2010 ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... action to justified his arrest as provided in the Code. It is further submitted that offences as alleged are punishable up-to 5 years imprisonment. It is further submitted that no notice for recovery of G.S.T. has been issued against the applicant and he is illegally arrested. It is further submitted that till date penalty or taxes has not been ascertained as per Act. It is further submitted that the offences are compoundable in nature and triable by Magistrate. The applicant is on interim bail since 26.5.2021. In support of his submission, he relied upon the judgment of Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation Another, (2021) 10 SCC 773. 4. Learned counsel for the applicant further submits that the applicant i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and consequently arrested or detained without warrant, Section 439 empowers the Sessions Court or High Court to grant bail if such a person is in custody. The difference of language manifests the sublime differentiation in the two provisions, and, therefore, there is no justification in giving the word custody the same or closely similar meaning and content as arrest or detention.... Meaning of custody 9. Unfortunately, the terms custody , detention or arrest have not been defined in CrPC, and we must resort to few dictionaries to appreciate their contours in ordinary and legal parlance: 9.1. Oxford Dictionary (online) defines custody as imprisonment, detention, confinement, incarceration, internment, captivity; remand, duress, and durance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of ability or freedom of movement. 9.9. This is how custody is dealt with in Black's Law Dictionary, (5th Edn. 2009): Custody. --The care and control of a thing or person. The keeping, guarding, care, watch, inspection, preservation or security of a thing, carrying with it the idea of the thing being within the immediate personal care and control of the person to whose custody it is subjected. Immediate charge and control, and not the final, absolute control of ownership, implying responsibility for the protection and preservation of the thing in custody. Also the detainer of a man's person by virtue of lawful process or authority. The term is very elastic and may mean actual imprisonment or physical detention or mere power, legal o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by Magistrate; 8. It is a settled law that while granting bail, the court has to keep in mind the nature of accusation, the nature of the evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, the circumstances which are peculiar to the accused, his role and involvement in the offence, his involvement in other cases and reasonable apprehension of the witnesses being tampered with. 9. Taking into account the totality of facts and keeping in mind, the ratio of the Apex Court's judgment in the case of State of Rajasthan v. Balchand @ Baliay (1977) 4 SCC 308, Gudikanti Narasimhulu And Ors., v. Public Prosecutor, High Court Of Andhra Pradesh, AIR 1978 SC 429, Ram Govind Upadhya ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cant shall not indulge in any criminal activity or commission of any crime after being released on bail. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. If in the opinion of the trial court that absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed in accordance with law. 12. The trial court may make all possible efforts/endeavor and try to conclude the trial expeditiously in accordance with law after the release of the applicant, if there is no other legal impediment. 13. It is made clear that the observations made in this order are limited to the purpose of determination ..... X X X X Extracts X X X X X X X X Extracts X X X X
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