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2016 (6) TMI 356 - HC - Central ExciseSeeking cancellation of bail - Offence punishable under Section 9 of the Central Excise Act, 1944 - Evasion of duty - Serious economic offence - Held that:- no infirmity found in the observations made by the Sessions Judge in applying the principle of prospectivity in the matter of interpretation of an amendment. Even if for the sake of arguments, it is presumed that the offence qua the respondent is non-bailable and cognizable, there is no bar for a Court to grant concession of bail in non-cognizable offence, as per the provisions of sub-sections (1) or (2) of Section 437 Cr.P.C. There does not appear to be any reason to interfere in the order passed by the Sessions Court. There does not appear to be any requirement to adjudicate on the question raised by the petitioner that offence under Section 9 of the Act should be held non-bailable and cognizable with retrospective effect with an objective to maintain stringency of grant of bails in offences under the Excise Act. The power to exercise discretion in non- bailable offences is guided by the provisions of law and a Judicial Officer is required to objectively consider the circumstances to consider whether the discretion of bail is to be exercised in non-bailable offence in a particular case or not. - Decided against the Revenue
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