Commercial Crime -Customs Act, 1872—Sections 132 and 135—Penal Code, 1860—Sections 120B, 417, 420, 468 and 471.
(SUPREME COURT OF INDIA)
|State of U.P. tr. cbi||Respondent|
(Before : Altamas kabir and Cyriac Joseph, JJ.)
Criminal Appeal No. 953 of 2011 (Arising out of SLP (Crl.) No. 1863 of 2011) : Decided On: 18-04-2011
1. Leave granted.
2. This appeal is directed against the judgment and order dated 13th January, 2011, passed by the Allahabad High Court, rejecting the Petitioner’s prayer for grant of bail in Crl. Misc. Bail Application No. 34595 of 2010.
3. There are three accused in this case. Charge-sheet has been filed against all of them on 8th December, 2010, under Sections 120B, 417, 420, 468, 471 IPC and 132 and 135 of the Customs Act, P.S.C.B.I. Ghaziabad. While apart from the Appellant, one of the other two accused, Mr. Surinder Singh has been granted bail after his arrest, the third accused, Gyan Chand filed a writ petition, being No. 37 of 2011, in this Court, in which directions have been given that he should not be arrested in connection with the case in question.
4. The present Appellant is in custody since 11th October, 2010, and it appears that he is similarly placed as the other two accused. Accordingly, the appeal is allowed.
5. Let the Appellant be released on bail to the satisfaction of the trial court, upon such conditions, as may be considered necessary to ensure his presence at the time of trial. Such conditions may also include, reporting to the SHO of the local police station once every month until further orders and deposit of his passport to the court.
6. Since this matter involves a question of some importance as far as commercial crimes are concerned, let the trial be completed as quickly as possible, without unnecessary adjournments and delay.