R.A.MEHTA,J. - (1.) The learned Counsel for the opponent-accused has requested for an adjournment of this Misc. Cr. Application on the ground that an application for furlough is being filed in the High Court today. This request is rejected in view of the fact that on 11-7-1986, the same request was made that an application for furlough is being filed shortly and, therefore, time for one week be granted. That request was granted and the matter was kept on 18-7-1986. Again the request was repeated and time was granted till today on a clear understanding that no further time would be granted. Therefore, the request for further time is not granted today.
(2.) Moreover, for obtaining bail, the accused had not waited for furlough being granted and on getting furlough, the bail application might have been moved, but they had chosen to move the bail application first and, therefore, there is no reason to wait for the result of the furlough application for disposal of this bail application.
(3.) This application is for cancellation of an order of bail and to quash and set aside the order dated 28-5-1986 passed by the Chief Metropolitan Magistrate, Ahmedabad. The opponent-accused is undergoing sentence for his conviction under Customs Act since April, 1982. There are other cases also pending against the opponent under the Customs Act. One such case is being Case No. 639 of 1983. In that case, the trial court had earlier passed an order to release him on bail. However, that order was set aside by the High Court in Misc. Criminal Application No. 600 of 1983 by the judgment and order dated 7-9-1983 passed by V.V. Bedarkar, J.;