ORDER :

1. Leave granted.

2. We have heard the arguments finally at this stage.

3. The Trial Court had granted bail to the appellant herein, who is an under-trial, in criminal case registered against the appellant and others under Sections 132 and 135 of the Customs Act vide order dated 12-5-2014. More than one year thereafter i.e. in July, 2015, the respondent approached the High Court for cancellation of the said bail by filing petition under section 439(2) of the Code of Criminal Procedure, 1973. The High Court has allowed the said petition and cancelled the bail.

4. Dr. A.M. Singhvi, learned senior counsel appearing for the appellant has argued that even as per the prosecution, one Mr. Anil Gadodia was the kingpin, who has already been granted bail. He further argued that on merits no plausible case was made out against the appellant herein. The main submission, however, was that the High Court did not adhere to the principles of cancelling the bail which are different from grant of bail, inasmuch as there was no change in the circumstances and also that the appellant has already suffered incarceration as an under-trial for a period of one year and three months.

5. Mr. Maninder Sing