2018 (7) TMI 173

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..... e Counsel for the respondent. 2. The Additional Sessions Judge, Kolar has granted anticipatory bail to the respondent by allowing Criminal Miscellaneous Petition No. 413/2017. The respondent apprehending his arrest in connection with offences punishable under Sections 9, 9A, and 9AA of the Central Excise Act, 1944, filed a petition seeking anticipatory bail and that the Learned Sessions Judg .....

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..... e of Punjab, AIR 1980 SC 1632, the Sessions Judge has granted anticipatory bail even though a FIR was not registered against the respondent. He further argues that this petition is not maintainable. 5. Having heard both sides, I am of the opinion that the Learned Sessions Judge has passed a speaking order. For granting anticipatory bail, reasonable apprehension of being arrested is enough. I .....

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..... to the Counsel for the petitioner, the petitioner-Department has no intention to arrest the respondent. If this is the case, 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 .....

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