Bail conditions in customs prosecution should be proportionate where prolonged custody and hardship make a high bond unjust.

In a customs prosecution, the Supreme Court addressed whether an under-trial accused should remain on a high bail bond when custody had already continued for a substantial period and no separate pending prosecution was shown. Considering the seriousness of the alleged offences, the hardship caused by a bail bond of Rs. 6 lakhs, and the circumstances of the case, the Court found the detention conditions disproportionate. It directed release on bail on a bond of Rs. 10,000 with one surety of like amount, subject to conditions on address, attendance, and reporting.

---

---

Issues: Whether the petitioner, an under-trial accused in a customs prosecution, was entitled to release on bail on more reasonable conditions in place of the high bond amount fixed by the High Court.

Analysis: The petition was considered in the context of the seriousness of the alleged customs offences, the length of custody already undergone, the absence of any shown pending prosecution apart from the present case, and the hardship caused by the requirement of a bail bond of Rs. 6 lakhs. The Court held that continued detention on such terms was unjust and that the bail condition imposed was disproportionate in the circumstances.

Conclusion: The petitioner was ordered to be released on bail on executing a bail bond of Rs. 10,000 with one surety of like amount, subject to the stated conditions regarding address, attendance, and reporting.

---