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2014 (3) TMI 1035 - HC - CustomsDisentitlement of grant of bail - Evasion of customs duty by carrying 18kgs of gold while traveling - Under Section 135 of the Customs Act, 1962 - Held that:- the respondent-accused persons are previous offenders contended by the petitioners but it was not disclosed in which cases they are involved and also one of the main accused is seriously handicapped with 61% of disability. Whether retracted confessions are true or not, is an aspect which is required to be considered at trial and is not to be looked into at this stage to cancel bail granted to respondent-accused persons. Custody of accused persons in a case like the instant one is not to be measured in days but it has to be seen whether the grant of bail would hamper the investigation and if it is found to be so, then bail is not to be granted in such cases. The gravity of offence is a valid consideration to be kept in mind while granting or refusing bail and it does not really justify grant of bail at initial stage of investigation but since impugned order does not border on perversity, therefore, it is being not interfered with. However, grant of bail to respondent-accused at initial stage of investigation is deprecated in the facts and circumstances of this case. - Petition disposed of
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