TaxTMI 
TaxTMI 
2009 (11) TMI 198
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....tles of foreign liquor and were granted bail subject to respondent No. 1 depositing Rs.25 lakhs with Commissioner of Customs, within a week of his release on bail. 2.It is alleged in the petition that the order granting bail is bad in law as well as on facts as the case involved evasion of customs duty amounting to more than Rs. 1 crore and the Learned ACMM did not deal with all the submissions and did not consider the judgment relied upon by its counsel despite noticing them. It has been stated that bail ought not to have been granted to the respondents in view of seriousness of the offence, pendency of investigation and the conduct of the respondents. 3. In Dolat Ram and Others v. State of Haryana - (1995) 1 SCC 349, while conside....
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....to applications for cancellation of bail and not appeals against orders granting bail. In an application for cancellation, conduct subsequent to release on bail and the supervening circumstances alone are relevant. But in an appeal against grant of bail, all aspects that were relevant under Section 439 read with Section 437, continue to be relevant. We, however, agree that while considering and deciding appeals against grant of bail, where the accused has been at large for a considerable time, the post-bail conduct and supervening circumstances will also have to be taken note of. But they are not the only factors to be considered as in the case of applications for cancellation of bail. 21.Therefore, the general rule that this Court will no....
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....or to the grant of bail. Repelling the contention, the Hon'ble Supreme Court inter alia held as under:- "9.......In fact it is now well settled that if a superior court finds that the court granting bail had acted on irrelevant material or if there was non-application of mind or failure to take note of any statutory bar to grant bail, or if there was manifest impropriety as for example failure to hear the public prosecutor/complainant where required, an order for cancellation of bail can in fact be made. (See Gajanand Agarwal v. State of Orissa - 2006 (3) JCC 1823 : [2006 (9) SCALE 378] and Rizwan Akbar Hussain Syeed v. Mehmood Hussain [2007 (10) SCC 368)]. 10.Further, while cancelling bail, the superior Court would be justified in consid....
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....d bail, took into consideration the material, which was not relevant or germane or it granted bail without due application of mind to the facts and circumstances of the case, whether the bail was granted in disregard of a statutory provision or by totally misapplying the settled principles governing grant of bail or whether there was any other gross procedural illegality or impropriety committed in granting bail. 8.But, an order granting bail cannot be disturbed except for compelling reasons and the superior Court ought to interfere only in a case where gross injustice has been done on account of grant of bail. The superior Court will not be justified in setting aside an order of bail merely because had it been the Court concerned, it woul....