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2021 (6) TMI 425 - HC - CustomsSeeking grant of Regular Bail - Smuggling - Gold - Section 439 (1) (b) Cr.P.C. - HELD THAT:- Section 439 (1) (b) Cr.P.C. deals with special powers of High Court or Court of Session regarding bail and that any condition imposed by a Magistrate when releasing a person on bail be set aside or modified. As stated above, the respondent-authorities have completed the investigation and filed charge sheet and the same was taken on file vide C.C.No.14 of 2020. In view of the fact that the respondent has already filed charge sheet and the same is taken on file vide C.C.No.14 of 2020, only remedy available to the petitioner is to file application under Section 451 Cr.P.C. in the said C.C. seeking interim custody of her passport before the Court below. It is relevant to note that the petitioner has not filed any application under Section 451 Cr.P.C. seeking interim custody of her passport after filing of charge sheet in C.C.No.14 of 2020. She has filed the said application under Section 451 Cr.P.C. vide Crl.MP.No.15 of 2020 at crime stage. The only recourse left to the petitioner in accordance with law is to file an application under Section 451 Cr.P.C. in C.C.No.14 of 2020 seeking interim custody of her passport - Petition dismissed.
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