TMI Blog2019 (1) TMI 624X X X X Extracts X X X X X X X X Extracts X X X X ..... e offence, which is bailable one and accordingly, granted bail to him, without ordering notice to the prosecution, however, the Learned Magistrate has not perused the remand report and the remand report reveals that the respondent/accused was booked under Section 135(1)(C) of the Customs Act, which is non-bailable one, therefore, issuing notice to the petitioner is mandatory - petition allowed. - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ordering notice to the petitioner and without hearing the petitioner and believing the words of the respondent/accused, granted bail in Crl. M.P. No. 604 of 2018 to the respondent herein by exercising his power under Section 436 of Cr.P.C., as if the offence committed by the respondent accused is bailable offence. Against which, the present petition is filed for cancellation of the bail granted b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... without considering the said fact the trial Court has granted bail to the respondent/accused. The Learned Magistrate has perused the arrest report but he did not peruse the remand report. Without perusing the remand report, the trial Judge has granted bail under Section 436 of Cr.P.C., which is unsustainable in law. 4. The Learned Counsel appearing for the respondent/accused would submit that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e offence under Section 135(1)(C) of the Customs Act, which is non-bailable offence. 5. Heard the Learned Special Public Prosecutor (for GST Service Tax Cases) petitioner as well as the Learned Counsel appearing for the respondent and perused the materials available on record. 6. Considering the facts and circumstances of the case and since the fact remains that the Learned Magistrate unde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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