ORDER

Heard learned counsel for the parties.

Leave granted.

2. Apprehending an arrest by the appellants for an offence under Section 104 of the Customs Act, 1962, the respondents moved an application under Section 438 of the Code of Criminal Procedure seeking anticipatory bail before the High Court of Judicature at Bombay. The said application came up before the Vacation Bench of the High Court on 2.1.2002 when the High Court granted circulation immediately for the next day. The appellants contend that a copy of the application was served on the second appellant at about 3.30 p.m. on 2.1.2002 and the matter was taken up for hearing by the court on 3.1.2002. The appellants also contend that on behalf of the second appellant a prayer was made for grant of sometime to file an affidavit in reply by giving an undertaking to the court not to arrest the petitioners before the High Court (respondents herein) in the meanwhile. The appellants further submitted that they brought to the notice of the High Court incriminating evidence against the respondents. However, the High Court by its order dated 3.1.2002 itself allowed the petition and granted anticipatory bail on certain terms and condit