ASHOK KUMAR Vs. DIRECTOR GENERAL CENTRAL EXCISE INTELLIGENCE

JUDGEMENT

(1.) Petitioner has been admitted to bail by order dated 25.5.2006 passed by learned ACMM, Delhi. However, the same is subject to furnishing a personal bond for a sum of Rs. 30 lacs with one local surety of the like amount with other conditions relating to his cooperating with the investigations. In this petition filed by the petitioner, he is seeking reduction of the amount of bail bond and the surety amount. It is stated that petitioner is not in a position to furnish the personal bond/surety of Rs. 30 lacs which is quite excessive and as a result petitioner has not been able to enjoy the benefit of order passed by learned ACMM. In the reply filed by the respondent, it is inter alia pleaded that the case involves evasion of central excise duty to the tune of more than Rs. 16 crores and, therefore, the amount of surety bond be not reduced from Rs. 30 lacs. The apprehension expressed is that if it is reduced further, the petitioner may jump bail and may abscond.

(2.) Obviously, even as per the allegations of the Excise Department if the evasion of duty is more that Rs. 16 crores, the condition of furnishing surety bond of Rs. 30 lacs cannot have any nexus with the amount involved and that is not the consideration which weighed with learned ACMM in putting these conditions. Had the petitioner been a man of means, he could have furnished the surety bond in the sum of Rs. 30 lacs and this apprehension of jumping bail could be there in that eventuality also. Notwithstanding this, the petitioner has been admitted to bail by the orders of learned ACMM and it is, therefore, clear that learned ACMM found that it was a fit case where bail should be granted to the petitioner. However, at this stage, we are concerned with the amount of surety bond which the petitioner has to furnish to get the bail and in case petitioner has no capacity to furnish the surety bond of Rs. 30 lacs, he would be forced to languish in jail even though he is admitted to bail.

(3.) Having regard to the legal position stated by the Supreme Court in Moti Ram and Ors. v. State of Madhya Pradesh, AIR 1978 SC 1549,I am of the opinion that the amount of surety bond needs to be reduced. Order dated 25.5.2006 passed by learned ACMM, Delhi is accordingly modified by directing that the petitioner shall furnish a personal bond in the sum of Rs. 30 lacs with one local surety in the sum of Rs. 15 lacs. Other conditions of the order dated 25.5.2006 shall remain. This petition is disposed of. Petition disposed of.