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2014 (3) TMI 589 - HC - Service TaxApplication for bail - petitioner has been charged for commission of offence punishable under Section 89(1)(d) of the Finance Act, 1994 - Held that:- On query, the learned lawyer of the Union of India could not satisfy me whether strictly custodial detention is necessary for interrogation or not vis-à-vis their prayer as embodied in the petition itself. It is correct that the offence is alive till now but it is not less than correct that when it was originated, the offence was bailable in view of the observation made by the Hon’ble Apex Court [2010 (12) TMI 1085 - SUPREME COURT]. It is also reckoned that the new Act does not have any retrospective effect. If this be so, the question of bailability and non-bailability almost comes to a point of merger, the benefit of which should be extended to the accused person. - Bail granted subject to conditions.
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