MOHD TARIQ Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the learned counsel for the applicant Sri M. Islam Advocate as well as the learned counsel for Union of India Air S.P. Malviya.

(2.) To summarise, the applicant Mohd. Tariq was wanted in case under S.135 of the Customs Act triable by a Special Court presided over by the Chief Judicial Magistrate at Allahabad. Consequently a prayer for bail was made on behalf of the applicant in the court of Special Chief Judicial Magistrate, Allahabad chiefly contending that the applicant was minor and he was entitled to bail, besides pressing other points. The learned Special Chief Judicial Magistrate after satisfying himself upon perusal of the medical report as was sought by the learned Magistrate and other dominates filed in support of the contention, that the applicant was a minor, admitted him to bail subjecting his release on bail to his furnishing two local sureties in a sum of Rs. 50,000/- each and further with a rider that the applicant shall not leave the city of Varanasi during the period of bail without prior permission of the court.

(3.) The learned counsel for the applicant contended that the applicant being minor was granted bail by the court below and the amount of Rs. 50,000/- of two surety bonds each as fixed by the court below is atrocious and too excessive and that a further rider that applicant shall not leave the city of Varanasi on his being released during she period of bail without prior permission of the Court Below virtually borders on a denial of what he had been found entitled to by the court below. It is also submitted by the learned counsel that the applicant belongs to Delhi and he is in no way connected to the City of Varanasi and he has also got no relations to live with and that it would be too harsh for the applicant, being minor, to leave him in the City like Varanasi to fend for himself uncared for.