2006 (12) TMI 496

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

...., Shri.S.S.Pednekar, A.P.P for the respondent JUDGEMENT 1. Heard Shri.Jha appearing for the applicant and Mr.Satpute appearing for the Commissioner of Custom - respondent Nos.1 & 3. 2. This is an application for anticipatory bail and the respondent apprehends arrest in connection with an investigation F.No.SG/Misc-157/06 S.I.I.B.(X). He applied for anticipatory bail by filing Application ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tional Sessions Judge has committed a grave error in not following the binding precedent. The precedent does not cease to be binding merely because in the opinion of the learned Judge, the same is challenged in the Supreme Court and its operation stayed by the Supreme Court. In the decision reported in A.I.R. 1992 Supreme Court Page 1439 in the case of M/s.Shree Chamundi Mopeds Ltd. v/s. Church of....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....f the Sessions Court, Mumbai for disposal afresh on merits and in accordance with law. Needless to state that it would be open for the applicant to point out that the offence alleged is bailable so also for the prosecution that it is not so. The applicant's custodial interrogation is wholly unnecessary is also an aspect which is open assuming the offence is non-bailable. All such aspects be decide....