AJAY BAJAJ Vs. DIRECTORATE OF REVENUE INTELLIGENCE

JUDGEMENT

(1.) This is an application for bail under Section 439 of the Criminal Procedure Code, 1973. The petitioner has been in custody since 05.05.2006 on the allegation of having committed offences under Sections 132 / 135 of the Customs Act, 1962. The learned counsel for the petitioner pointed out straightway that an application for bail had been moved before the Sessions Court and by an order dated 22.05.2006, the Sessions Court had granted bail to the petitioner, but had imposed a condition of requiring the petitioner to deposit a sum of Rs.1 crore. He referred to the said order and said that such a condition cannot be imposed. In support of this proposition, he referred to the following decisions:-

(2.) The learned ASG was also heard. He opposed the grant of bail on the ground that the petitioner is involved in evasion of duties to the extent of Rs.3.5 crores.

(3.) Considering the facts and circumstances of the case as also the fact that the Sessions Court had, in point of fact, granted bail to the petitioner, but imposed an onerous condition which is not permissible in law, I feel that the petitioner is prima facie entitled to bail. The petitioner has also shown his willingness to make a deposit of Rs.25 lakhs. The petitioner is accordingly directed to be released on bail on furnishing a personal bond in the sum of Rs.1 lakh with one surety of the like amount to the satisfaction of the ACMM / Duty Magistrate. The deposit of the said sum of Rs.25 lakhs shall be made without prejudice to the petitioner's rights and contentions. This deposit will be made with the Commissioner of Customs (Import), Nhava Sheva, Mumbai in the following manner:-