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2019 (5) TMI 1368 - HC - CustomsConditions imposed with regard to grant of Bail - surety and appearance - smuggling of Gold/foreign currency - bailable or non-bailable offences? - HELD THAT:- Provisions as regards bail can be broadly classed into 2 categories: (1) bailable cases and (2) non-bailable cases. In the former class, grant of bail is a matter of course. It may be given either by the Police officer in charge of a Police station having the accused in his custody or by the Court. The customs officer in exercise of powers under Section 104 is exercising the very same powers of an officer in charge of a Police station as provided under Section 436 of the Code of Criminal Procedure. Section 436 of the Code states that the officer or the Court has no discretion in the matter except to release the accused on bail when produced before them. Even the Court has no discretion while granting bail under Section 436 of the Cr.P.C to impose any condition except the demand for security with sureties. In appropriate cases, the Court has discretion to release the accused by taking only a personal bond without insisting for surety for his appearance. In no event, can onerous conditions be imposed by either the officer or by the Court while releasing the accused in a bailable offence. The petitioners, being persons accused of only a bailable offence, have a right to be enlarged on bail without they being burdened with onerous conditions. For the very same reason, the customs officer is bereft of jurisdiction to impose a condition which is not a term as to bail. Condition Nos. 2 to 4 imposed by the Assistant Commissioner of Customs in Annexures-A2 & A3 orders produced in these cases are, therefore, set aside. - petition allowed.
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