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2018 (7) TMI 173 - HC - Central ExciseGrant of anticipatory Bail - offences punishable under Sections 9, 9A, and 9AA of the Central Excise Act, 1944 - Held that:- For granting anticipatory bail, reasonable apprehension of being arrested is enough. If in the facts and circumstances, the respondent had fear of being arrested and moved the Sessions Court seeking anticipatory bail and that the Sessions Court granted anticipatory bail having regard to those circumstances, there is no illegality in it. Petitioner-Department has no intention to arrest the respondent - It is not understandable as to how the interest of the petitioner has been affected just because the Sessions Court granted anticipatory bail for a period of three months. Even otherwise, the petitioner could have approached the Sessions Court itself for cancellation of the anticipatory bail as Section 439(2) of the Code of Criminal Procedure, 1973 vests the Sessions Court also to modify its order. - the petition is meritless and therefore it is dismissed.
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