S. Vardharajan vs Union of India

We have heard the learned counsels for the parties.

The challenge in the appeal is against the order of the High Court of Madras imposing the condition of deposit of Rs. 200 crores (Rupees two hundred crores) subject to which bail has been granted by the High Court to the appellant. The reason for the High Court imposing the aforesaid condition appears to be the alleged admission on the part of the accused with regard to liability for payment of duty under the Customs Act, 1962.

The aforesaid condition of deposit of Rs. 200 crores (Rupees two hundred crores) has been stayed by this Court as far back as on 17th August, 2010. The effect of the aforesaid order is that the accused appellant has been on bail by virtue of the order of the High Court. A period of nearly six years has expired in the meantime.

Learned counsel appearing for the respondent has not been able to apprise the Court as to what is the stage of the trial. However, according to the learned counsel for the appellant, the trial has not even commenced.

Having regard to the above and particularly the fact that the impugned condition subject to which bail had been granted has remained stayed since 17th August, 2010 we are of the view that the accused appellant should be permitted to remain on bail granted by the High Court and the condition of deposit of RS. 200 crores (Rupees two hundred crores) should be interfered with. We order accordingly and further direct that the trial of the offence(s) alleged against the accused appellant shall commence/continue in accordance with law before the court of competent jurisdiction.

With the aforesaid observations and directions, the appeal is allowed as indicated above.