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Judgment
This is an application for grant of bail u/s 438 Cr. P.C.
Learned counsel for the respondent states that the complaint u/s 135 of the Customs Act has already been filed before the trial court. Learned counsel for the petitioner states that the petitioner shall appear before the trial court on the date fixed for his appearance and apply for a regular bail and till then anticipatory bail may be granted to the petitioner for a duration, which may last up to the date on which his bail application to be filed u/s 437 Cr. P.C. is disposed of or even few days thereafter to move the Court of Sessions, if he so desires. This bail petition is pending since 17th July, 1998. It is undisputed that the petitioner''s real brother was also arrested in the matter and he has been admitted on bail by this Court vide orders dated 6.8.1998 passed in Crl. M.(M) No. 1973/98. Relying upon the decision rendered by the Supreme Court in K.L. Verma Vs. State and another 1998 SCC 1031 it is ordered that in the event of petitioner''s arrest, he shall be released on bail on his furnishing bail of Rs. 50,000/- in personal bond with one solvent surety in the like amount to the satisfaction of the arresting officer. However, it is made clear that the anticipatory bail will ensure till the trial court decides the question for grant of bail to the petitioner and for a week thereafter, so that if the trial court rejects his bail, the petitioner, if so advised, may move the Court of Sessions. The petition is disposed of accordingly.
DASTI.