Page 49 - ELT_15th July 2020_Vol 373_Part 2

Bail — Cancellation by High Court of bail granted by
Sessions judge on the ground of indefeasible right
whether sustainable?
The Supreme Court Bench comprising Hon’ble Mr. Justice Uday Umesh
Lalit, Hon’ble Mr. Justice Mohan M. Shantanagoudar and Hon’ble Mr. Justice
Vineet Saran on 1-6-2020 issued notice in the Petition for Special Leave to Ap-
peal (Crl.) No. 2333 of 2020 filed by M. Ravindran against the Judgment and Or-
der dated 21-11-2019 of Madras High Court in Crl. O.P. No. 9750 of 2019 as re-
ported in 2020 (373) E.L.T. 162 (Mad.) (Intelligence Officer, DRI v. M. Ravindran).
While issuing the notice, the Supreme Court passed the following order :
“Issue notice, returnable on 15-6-2020.
Dasti service, in addition, is permitted.
Liberty is granted to serve the Learned Standing Counsel for the
respondent.”
The Madras High Court in its impugned order had held that Sessions
Court works from time it sits till time it rises. Therefore, simply because Bail ap-
plication was filed at 10.30 a.m. on 181st day of remand and prosecution com-
plaint filed at 4.25 p.m. does not give indefeasible right to accused to automati-
cally get bail. High Court while cancelling bail held that no advantage can be
given to accused on this account.
REPRESENTED BY : Mr. K. Paari Vendhan, AOR and Ms. Arunima Singh,
Advocate, for the Petitioner.

( A55 )
EXCISE LAW TIMES  15th July 2020  49