1 APPLN 4503 OF 2010.sxw vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4503 OF 2010. Ashis Rajinder Kapila .. Applicant -versus The State of Maharashtra .. Respondent. Mr. A. H. H. Ponda, with Mr. Suresh Jain for the Applicant. Mr. Francis, Saldanna, Special PP for the Respondent CID Customs. CORAM: R.C. CHAVAN, J. DATED: 12th October, 2010 P.C. 1. This is yet another application in a case arising from RA No.20 of 2010 of 3rd Court, Esplanade, Mumbai under section 135 (l) (a) and 135 (l)(b) (i) of the Customs Act, for anticipatory bail by applicant whose application was rejected by this Court on 23rd September, 2010 on the ground that the applicant had made a wrong statement in the application that he had followed the summons of the Customs Department except on the dates on which he was required to appear before the Court of Sessions. Now learned counsel for the applicant submits that the summons were not served upon the applicant as per prescribed procedure in the Code of Criminal Procedure and therefore, there was no question of applicant obeying such summons. Learned counsel for the Union of 2 APPLN 4503 OF 2010.sxw India, is right in submitting that such plea should have been taken in the earlier application about service of summons. It was not taken. All that was contended is that the applicant remained present before the customs authorities on all dates except the dates on which he was required to appear before the Court of Sessions. All the same, question as to whether the applicant was summoned as per prescribed procedure for appearing before the Customs Authorities, would still remain. To eliminate the possibility of applicant taking such pleas in the future, the applicant be released on bail in the event of his arrest on his furnishing PR Bond in the sum of Rs.1,00,000/- with one or more solvent sureties in the aggregate sum of Rs.1,00,000/- on the following conditions. i) The applicant shall appear before the respondent Central Intelligence Unit, Customs Department on 18th October, 2010 at 11.00 a.m. and thereafter shall go on attending the office of the Customs Department everyday or on specific date given by the customs authorities without waiting for any summons or any sort of communication from the department. ii) Respondent shall also inform the applicant the date on which he is required to appear and obtain acknowledgment about next date of appearance. 3 APPLN 4503 OF 2010.sxw iii) The applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; iv) The applicant shall not leave India without the previous permission of the trial Court. v) The order shall remain in force till filing of complaint. Thereafter the applicant would be entitled to apply for regular bail before the appropriate Court. (R. C. CHAVAN, J.)