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1967 Supreme(SC) 115

V.BHARGAVA, G.K.MITTER, J.M.SHELAT, K.N.WANCHOO, R.S.BACHAWAT
Ratilal Bhanji Mithani – Appellant
Versus
Asstt. Collector Of Customs, Bombay – Respondent


Advocates:
A.K.SEN GUPTA, I.M.SHROFF, N.S.BINDRA, S.G.SHETH, S.P.NAIR

Judgment

BACHAWAT, J. : The appellant along with other persons is being tried for an offence under S. 120-B of the Indian Penal Code read with S. 1137 (81) of the Sea Customs Act, 1878. and S. 5 of the Imports and Exports Control Act. 1947. The offence is bailable. The appellant was released on bail under orders of Magistrates, dated May 11, l960 and April 1, 1961. A large number of witnesses have been examined but the trial has not yet been concluded. By an order, dated March 3/6 1967, the High Court of Maharashtra, Bombay, in the exercise of its inherent jurisdiction cancelled the bail orders and directed him to surrender to his bail. From this order. the- present appeal has been filed by special leave.

2. In Talab Haji Hussain v. Madhukar Purshottam Mondkar, 1958 SCR 1226, this Court held that a High Court has the inherent power to cancel a bail granted to a person accused of a bailable offence where such an order is necessary to secure the ends of justice or to prevent the abuse of process of any Court, and this power is preserved by S. 561-A of the Code of Criminal Procedure.

3. On behalf of the appellant it was strenuously argued that this case was wrongly decided. Having heard















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