TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Bail in smuggling and conspiracy probe upheld but modified to extend custodial period for investigative completion and safeguards.</h1> Bail was contested in a complex smuggling and conspiracy investigation where seizures and allegations of bribery, inducement to abscond and potential ... - Issues: Whether the High Court's order confirming bail (with modifications) should be maintained or further modified by this Court in light of the nature and progress of the investigation and the State's apprehensions about absconding, tampering with evidence and the larger interest of the State.Analysis: The facts of the matter involve extensive seizures and documents alleging a wide-ranging smuggling conspiracy; successive remands and earlier bail orders at the magistrate level; and contested allegations that the accused offered bribes, induced third parties to abscond or fabricate evidence, and possessed resources enabling flight or witness-tampering. The High Court evaluated the materials bearing on (i) likelihood of absconding, (ii) risk of tampering with evidence, and (iii) necessity of custody for the efficient conduct of investigations. The High Court concluded there was no sufficient foundation for believing the accused would abscond or tamper with evidence, but accepted that additional time was necessary for crucial investigative steps and therefore deferred operation of bail for two months and increased the amounts of bail while leaving other conditions intact. This Court examined whether the High Court had inadequately considered the larger public interest in preventing continued offence or ensuring complete investigation and concluded that, while bail could not be denied for the entire investigation, the State's interest warranted a longer limited custodial period than that fixed by the High Court. The State undertook not to seek remand unless absolutely essential and to continue to apply for remand if new facts emerge.Conclusion: The High Court's order confirming bail is upheld subject to modification that the respondents shall remain in custody for six months from the date of the High Court's order of August 1, 1969; otherwise the conditions and increased bail amounts fixed by the High Court shall apply. The appeal is dismissed.
TaxTMI 
TaxTMI 
