JUDGMENT - KURDUKAR S.P., J.:—On a discreet enquiry made by an officer of this Court, it was noticed that in some of the Customs matters, the accused who were released on bail have been absconding and not traceable to face the trial. As far as the sureties are concerned, they raise a plea that their surety bonds were provisional and for a limited period. After expiry of the said period, they are not bound by the surety bonds. The result , therefore, is that the accused are not traceable and no action can be taken against the sureties. It is in these circumstances, that we are required to consider and lay down guidelines in matters of bail in terms of sections 441, 442, 443 and 444 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”).

2. For the purpose of this judgment, we may narrate a few facts from Criminal Suo Motu Revision Application No. 3 of 1992, which arises out of R. A. No. 893/1990 renumbered as Criminal Case No. 728/CW/91 (Chief Metropolitan Magistrate Court, Esplanade, Bombay Asstt. Collector of Customs v. Ramaiah Pillai Mylvaganam.

3. One Ramaiah Pillai Mylvaganam, a Srilankan National, came to Bombay from Bahrain by flight GF 042 on its way t

Click Here to Read the rest of this document