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Case Law Details

Case Name : Babulal Qazi Vs Union Of India (Rajasthan High Court)
Appeal Number : S.B. Criminal Miscellaneous Bail Application No. 12786/2022
Date of Judgement/Order : 13/02/2023
Related Assessment Year :

Babulal Qazi Vs Union Of India (Rajasthan High Court)

In a significant legal development, the Rajasthan High Court has granted bail to Babulal Qazi in connection with a case registered under the Custom Act, 1962. The bail application filed under Section 439 of the Criminal Procedure Code sought relief for Babulal Qazi, who had been in custody since a considerable duration.

Context of the Case: The bail application was filed in connection with Case No. VIII(48)AP/19/2022, initiated by the Custom Department, Jaipur. The charges leveled against Babulal Qazi pertained to Sections 132 and 135(1)(A)(B) & (1)(C)&(1) of the Custom Act, 1962. The gravity of the allegations underscored the complexities involved in the case, necessitating careful judicial consideration.

Defense Arguments: The defense, represented by learned counsel for the petitioner, vehemently contended that Babulal Qazi had been wrongly implicated in the case. It was asserted that the petitioner had been languishing in custody for a prolonged period, with a chargesheet already filed against him. The defense emphasized the potential delays in concluding the trial, underscoring the need for bail to secure Babulal Qazi’s liberty.

Prosecution’s Opposition: In opposition to the bail application, the learned Special Public Prosecutor presented arguments challenging the grant of bail to Babulal Qazi. While the specifics of the opposition weren’t detailed, it can be inferred that the prosecution sought to establish the seriousness of the charges and the potential risk posed by the accused.

Judicial Decision: Upon careful consideration of the arguments presented by both sides and without expressing any opinion on the merits of the case, the Rajasthan High Court deemed it just and proper to grant bail to Babulal Qazi. The decision reflects the Court’s commitment to ensuring the fair administration of justice while safeguarding individual liberties.

Conditions of Bail: As per the Court’s order, Babulal Qazi was granted bail upon furnishing a personal bond of Rs. 50,000 along with two sureties of Rs. 25,000 each to the satisfaction of the trial court. Additionally, he was obligated to adhere to the stipulation of appearing before the trial court on all subsequent hearing dates and as and when summoned.

Implications and Conclusion: The Rajasthan High Court’s decision in the Babulal Qazi case sets a precedent in the realm of bail jurisprudence concerning offenses under the Custom Act, 1962. It underscores the judiciary’s role in balancing the interests of justice with the rights of the accused, ensuring a fair and equitable legal process. The case serves as a reminder of the nuanced approach required in adjudicating matters involving economic offenses and the imperative of upholding individual liberties within the framework of the law.

FULL TEXT OF THE JUDGMENT/ORDER OF RAJASTHAN HIGH COURT

1. The present bail application has been filed under Section 439 Cr.P.C. in connection with Case No. VIII(48)AP/19/2022, Custom Department, Jaipur for the offence(s) under Sections 132 & 135 (1)(A)(B) & (1)(C)&(1) of Custom Act, 1962.

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He is behind the bars since long. Chargesheet has been filed against the petitioner and conclusion of trial may take long time. Hence, the petitioner may be enlarged on bail.

3. Learned Special Public Prosecutor has opposed the bail application.

4. Considering the contentions put-forth by the counsel for the petitioner and taking into account the facts and circumstances of the case, without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioner on bail.

5. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Babulal Qazi Son Of Shri Kasam Qazi be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation that he will appear before the trial court on all subsequent dates of hearing and as and when called upon to do so.

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