Olga Kozireva vs Department of Customs

This petition is filed challenging the order passed by the High Court granting bail to the petitioner on executing a bail bond for a sum of Rs. 6 lacs.

2.It is the submission of the learned Counsel for the petitioner that the petitioner is arrested for the offence punishable under Sections 132 and 135 of the Customs Act,1962. She was arrested on 20-8-2000 and since then she is in judicial custody. It is the contention of the learned Counsel for the petitioner that maximum punishment provided is for a period of 3 years and petitioner has virtually undergone 2 years of imprisonment. It is also pointed out that petitioner being a poor lady of foreign country, she is not in a position to give bail bond for a sum of Rs. 6 lacs, as ordered by the High Court. Learned Counsel for the petitioner further states that the petitioner is prepared to plead guilty before the trial Court. But the trial Court is not accepting the same plea as there is a joint trial.

3.It is contended by the learned Counsel for the respondent that trial against the petitioner is still to be completed. She is a foreign national and is involved in smuggling activities, therefore, if she is released on bail she is likely to abscond and would not be available for trial.

4.In our view, it is totally unjust to keep such persons as under-trial prisoners for years together on the allegation that petitioner is involved in smuggling activities for which no other prosecution is pointed out to be pending. Further, to impose a condition that petitioner shall execute a bail bond for a sum of Rs. 6 lacs would be unjust in a circumstance of the present case.

5.Considering the aforesaid facts, it is ordered that petitioner shall be released on bail on her executing a bail bond for a sum of Rs. 10,000/- with one surety of like amount to the satisfaction of the trial Court with a condition that she would give her residential address and would remain present on the day of posting of the case by the trial Court. She would also report to the concerned Court every Monday. Other conditions imposed by the trial Court for releasing her on bail shall continue. S.L.P. stands disposed of accordingly.