Prolonged custody and parity with a co-accused justified bail in a Customs Act prosecution pending trial.

Prolonged custody under Section 135 of the Customs Act, 1962, together with parity with a co-accused already on bail, justified release pending trial. The Supreme Court noted that the appellant had remained in custody for over 26 months and that the maximum punishment prescribed was seven years. On the totality of circumstances, the Court found bail appropriate and set aside the High Court's order, directing release on such conditions as the Special Chief Judicial Magistrate, Meerut might impose.

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Issues: Whether the appellant, charged under Section 135 of the Customs Act, 1962 and in custody for more than 26 months, was entitled to bail pending trial.

Analysis: The appellant had remained in custody for over 26 months. The maximum punishment for the offence was seven years. The co-accused had already been granted bail. Considering the totality of circumstances, including the period of custody and parity with the co-accused, bail was found justified.

Conclusion: The appellant was entitled to release on bail, subject to such conditions as the Special Chief Judicial Magistrate, Meerut might impose.

Final Conclusion: The High Court's order was set aside and the appeal was disposed of by granting bail to the appellant.

Ratio Decidendi: Prolonged custody, together with parity with a co-accused on bail and the overall circumstances of the case, can justify grant of bail even in a prosecution under Section 135 of the Customs Act, 1962.

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