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2017 (5) TMI 1250 - GUJARAT HIGH COURTMaintainability of criminal revision petition - Clandestine removal of excisable goods - The rejection of bail in a non-bailable case at the initial stage and the cancellation of bail already granted, have to be considered and dealt with on different basis - Held that: - It is not the case of the Department that the Magistrate had no jurisdiction to grant the bail. If the offence u/s 9 of the CEA would have been punishable with life imprisonment, then it could definitely be argued that the Magistrate had no jurisdiction to grant bail. Generally speaking, the ground for cancellation of bail, broadly (the illustrative and not exhaustive) are interference or akin to interference with the due course of administration of justice or evasion or attempt to evade the due course of justice or abuse of the concession granted to the accused in any manner - the revisional court committed an error in passing the impugned order and cancelling the bail granted by the learned Judicial Magistrate, Rajkot to the applicants - application allowed.
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