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2008 Supreme(Del) 70

VIKRAMAJIT SEN, P.K.BHASIN
Raj Kumar Aggarwal – Appellant
Versus
Director General, Central Excise, New Delhi – Respondent


Advocates appeared
Through Mr. S.S. Gandhi, Sr. Adv. with Mr. Pradeep Jain, Adv.
Through Mr. Satish Aggarwala, Adv. for DRI
Mr. M.K. Singh, APP with Mr. Rajat Katyal, Adv.

JUDGMENT

VIKRAMAJIT SEN, J.:

1. The Petitioner prays for the issuance of a writ of habeas corpus for his release on such terms and conditions as the Court may deem fit and proper.

.2. Earlier, the Petitioner had filed a bail application under Section 439 of the Code of Criminal Procedure, 1973 (Cr.PC) which came to be decided by a learned Single Judge of this Court in terms of the Orders dated 4.12.2007. It was decided that the Petitioner be admitted to bail on his depositing a sum of Rs.1,00,00,000/-in two installments, initially Rs.50,00,000/-to be deposited after one month from the date of his release, and the remainder Rs.50,00,000/-after three months of the first deposit. On these conditions the Petitioner was admitted to bail on his furnishing a Personal Bond in the sum of Rs.50,000/-with one surety in the like amount to the satisfaction of the Trial Judge. In the event, this Bail Order has not been availed of by the Petitioner. Instead, he had assailed the Order dated 4.12.2007 by way of a Special Leave Petition (SLP), which has been withdrawn on 7.1.2008. The contention of Mr.S.S. Gandhi, learned Senior Counsel for the Petitioner before us, is that the Apex Court had clearly























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