TMI Blog2023 (11) TMI 1090X X X X Extracts X X X X X X X X Extracts X X X X ..... the present case. Therefore, the proclamation issued under Section 82 (1) Cr.P.C. had not been published in the manner provided under sub Section (3) of Section 82 Cr.P.C. No further statement was signed by the Court as provided in sub Section (3) of Section 82 Cr.P.C. There is no bar against the application for anticipatory bail being considered by this Court on its merits, hence, the merits of the present case is examined. Keeping in view the fact that the alleged recovery was made on 19.12.2019 but the F.I.R has been lodged on 10.08.2022 and there is no explanation for the delay in lodging the F.I.R.; that the substantive offence allegedly committed by the applicant is non-cognizable, bailable and carries a maximum punishment of impr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsel for the C.B.I. that proclamation under Section 82 Cr.P.C. had been issued against the applicant on 01.08.2023 and therefore the anticipatory bail application cannot be entertained in view of the law laid down by Hon'ble the Supreme Court in the case of Lavesh Vs. State of (N.C.T. of Delhi): (2012) 8 SCC 730. 4. The learned counsel for the applicant has submitted that the second application has been moved on the ground that the first application was rejected without hearing submissions from the applicant's side as the learned counsel could not appear due to advocate's strike. The learned counsel for the applicant has submitted that for attracting the bar of Section 82 Cr.P.C. the proclamation issued under Section 82 Cr.P. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. The allegation against the applicant is that he was carrying 400 gms. foreign origin gold worth Rs.15,48,000/- and the same was seized under Section 110 of the Customs Act, 1962. 8. On the same set of allegations, the Directorate of Revenue Intelligence has filed a complaint against the applicant. Section 135(1) of the Customs Act, 1962 provides that in such cases, the accused shall be punishable with imprisonment for a term which may extend to three years or with fine or with both and Section 104 of the Customs Act, 1962, provides that the offence will be non-cognizable and bailable. 9. The C.B.I. has registered F.I.R. on the basis of allegations, which are already the subject matter of a complaint filed by the Directorate of Reve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ged commission of offences under the Prevention of Corruption Act, 1988, the applicant is not a public servant; that the applicant has no other criminal history and that a co-accused person Ajeet Kumar and Khalid Anwar have already been granted bail and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 14. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest / appearance of the applicant-Sagir Ali before the learned Trial Court in the aforesaid case crime, he shall be released on bail on his furnishing personal bond and two solvent su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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