(Ranjan Gogoi and R. Banumathi, JJ.)
Munawwar Ali ___________________________________ Appellant
v.
Union of India __________________________________ Respondent
Criminal Appeal No(s). 771 of 2018 [Arising out of Special Leave Petition (Criminal) No. 3959 of 2018], decided on May 18, 2018
The Order of the court was delivered by
Order
1. We have heard the learned counsels for the parties.
2. Leave granted.
3. The accused appellant has been in custody for a period of over 26 months as on date on a charge of commission of offence under Section 135 of the Customs Act, 1962. The maximum punishment awardable under the aforesaid provision of law is seven years. The co-accused has also been granted bail by the High Court.
4. Considering the totality of the facts of the case; the period of custody suffered by the accused appellant; the fact that co-accused has also been granted bail, we are inclined to release the appellant on bail. Therefore, the appellant is ordered to be released on bail to the satisfaction of the learned Special Chief Judicial Magistrate, Meerut in connection with Complaint No. 1 of 2015.
5. The learned Special Chief Judicial Magistrate, Meerut is free to impose appropriate condition(s) as he deems fit.
6. Consequently, the order of the High Court is set aside and the present appeal is disposed of in the above terms.
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (CRL.) NO(S). 3959/2018
Munawwar Ali ___________________________________ Petitioner
v.
Union of India _________________________________ Respondent
Date: 18-05-2018 This petition was called on for hearing today.
(Before Ranjan Gogoi and R. Banumathi, JJ.)
For Petitioner(s) Mr. Shubhankar Jha, Adv.
Mr. Rishab Nagar, Adv.
Mr. Anil Krishanu Maggu, Adv.
Mr. Akarsh, Adv.
Mr. Ashish Bansal, Adv.
Mr. Gopal Singh Chauhan, Adv.
Mr. Saurabh Trivedi, AOR
For Respondent(s) Mr. Aman Lekhi, ASG
Ms. Sushma Manchanda, Adv.
Mr. Harish Pandey, AOR
Mr. B. Krishna Prasad, AOR
UPON hearing the counsel the Court made the following
Order
7. Leave granted.
8. The appeal is disposed of in terms of the signed order.
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