[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.1432 OF 2007 Shri.Jayendra Chandulal Thakker @ Jitendra Chimanlal Tahakker ..Applicant Vs. State of Maharashtra & Anr. ..Respondents ... Mr.A.H.H.Ponda Advocate for Applicant Smt.A.S.Pai A.P.P. for the State Mr.D.N.Salvi counsel for Respondent No.2 ... CORAM: CORAM: CORAM: SMT.V.K.TAHILRAMANI,J. SMT.V.K.TAHILRAMANI,J. SMT.V.K.TAHILRAMANI,J. DATE DATE DATE : JUNE 12, 2007 : JUNE 12, 2007 : JUNE 12, 2007 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking bail in RA No.28 of 2006. The said case pertains to the customs AIU Unit. 3. The applicant was involved earlier in similar case i.e. C.C.No.34/CW/2004 i.e. R.A.No.276 of 2001. While travelling to Singapore, the applicant came to be arrested on 15.8.2001 in connection with smuggling of Indian Currency and foreign exchange to the tune of approximately Rs.21 lakhs. Thereafter, the applicant came to be released on bail. [-2-] 4. Again on 14.3.2006, the applicant came to be intercepted by the Customs Officers at Sahar Air Port and he was found in possession of foreign currency equivalent to approximately Rs.33 lakhs. Hence, the applicant came to be arrested in R.A.No.28 of 2006 which was later numbered as Case No.15CW/2006. In both the cases, the investigation is over and charge sheets have been filed. As the applicant was found to have committed another crime after he was released on bail in the first case, the application was made for cancellation of his bail and the said bail came to be cancelled by order dated 24.6.2006. Since then, the applicant is in custody. It is apprehended by the Investigating Agency that if the applicant is released on bail, the applicant may indulge in similar smuggling activities. 5. The maximum period of punishment in the said offence is seven years. The applicant has undergone almost half of the period of imprisonment in this case. The trial is not likely to proceed in the near future. In my view, if the applicant is made to report to the Investigating Agency on every alternate day, then the apprehension of the [-3-] I.A. would not arise as in such case the applicant will not be able to travel abroad and thus indulge in smuggling activities. Looking to all these facts, I am inclined to release the applicant on bail. 6. The applicant-Jayendra Chandulal Thakker to be released on bail in the sum of Rs.2,00,000/- (Rs.Two lakhs only) with one or two sureties to make up the said amount in R.A.No. 28 of 2006 of AIU Unit. 7. The applicant shall report to the Customs of AIU Unit, Sahar Air Port, Mumbai on every Monday, Wednesday and Friday, till the disposal of the trial. The passports of the applicant are already with the Customs Department, they shall remain with the Customs Department till the final disposal of the trial. The applicant shall not leave Mumbai without prior permission of the Investigating Officer. 8. Application is disposed of. [Smt. V.K.Tahilramani, J.]