Pankaj vs. The Superintendent Customs (Preventive)
Facts
The petitioner, Pankaj, was arrested on November 13, 2021, in connection with a case registered by the Superintendent Customs (Preventive), Hyderabad. He was granted bail by the Special Judge for Economic Offences, Hyderabad, on December 4, 2021. However, the bail order imposed a surety amount of Rs. 2,00,000/-. The petitioner has been in jail for six months and claims to be unable to furnish the required security due to poverty. This Criminal Petition was filed under Section 482 read with Section 440(2) of the Cr.P.C. seeking modification of the bail condition, specifically to reduce the surety amount.
Held
The Court held that the petitioner's continued detention for six months and his inability to furnish the surety amount due to poverty warranted a modification of the bail condition. The Court found merit in the petitioner's plea regarding his financial circumstances. Consequently, the Court reduced the surety amount from Rs. 2,00,000/- to Rs. 20,000/- (Rupees Twenty Thousand only). All other conditions imposed by the Special Judge for Economic Offences in the bail order dated December 4, 2021, were to remain unaltered. The Criminal Petition was disposed of with this modification.
Key Issues
1. Whether the High Court can modify the bail conditions imposed by the Special Judge for Economic Offences, particularly the surety amount, under Section 482 read with Section 440(2) of the Cr.P.C. (Question of law). Petitioner's contention: The petitioner argued that he has been in custody for six months and is unable to furnish the surety amount of Rs. 2,00,000/- due to poverty. He sought a reduction in the surety amount to Rs. 10,000/- with two sureties. Respondent's contention: The respondent, represented by the Assistant Public Prosecutor, did not record any specific arguments against the modification of the bail condition in the judgment. The court heard the arguments of the learned counsel for the petitioner and the learned Assistant Public Prosecutor for the respondent-State.
Sections Cited
Section 482, Section 440(2)
AI-generated summary — verify with the full judgment below
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD IVONDAY ,THE ELEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITIO N NO: 3253 OF 2022 Betwee n: Pankaj, S/o Sukhu Nagar, Moradabad. AND a Singh, Aged about 23 years, Occ-Business, R/o Uttar Pradesh - 244 502. .
Sarja n ...PETITIONER The Superintendent Customs (Preventive), Customs Commissionerate, GST Shivan'Basheerbagh, Hyderabad - 5OO OO4 Rep by its Special Public Prosecutor. ,..RESPONDENT Petition under Section 482 rlw. 440(2) of Cr'P.C praying that in the crrcumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to modify the conditions imposed by the special-J^udge foi Economic bffences, Hyderabad in Crl.lvl.P No 806 of 2021 , dl.4-12-2021 in HQPOR No.31/2021- Cus, Prev.(Comp.No ) HQPOR No 54/2021-Cus Prev.(Reg.No ), Registered by the Superintendent Customs (Preventive), Hyderabid, by reducing the Surety amount from Rs 2,00.000/- to Rs 10,000/-' each with two sureties and pass such an order/s as this Hon'ble court may deem fit and proper in the circumstances of the case.
This Petition coming on for hearing, upon perusing the
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