The appellants further submitted that they brought to the numberice of the High Court incriminating evidence against the respondents.
Apprehending an arrest by the appellants for an offence under Section 104 of the Customs Act, 1962, the respondents moved an application under Section 438 of the Code of Criminal Procedure seeking anticipatory bail before the High Court of Judicature at Bombay.
It is against the said impugned order of the High Court the appellants are before us.
The said application came up before the Vacation Bench of the High Court on 2.1.2002 when the High Court granted circulation immediately for the next day.
However, the High Court by its order dated 3.1.2002 itself allowed the petition and granted anticipatory bail on certain terms and companyditions.
The appellants companytend that a companyy of the application was served on the second appellant at about 3.30 p.m. on 2.1.2002 and the matter was taken up for hearing by the companyrt on 3.1.2002.
Heard learned companynsel for the parties.
Leave granted.
The appellants also companytend that on behalf of the second appellant a prayer was made for grant of sometime to file an affidavit in reply by giving an undertaking to the companyrt number to arrest the petitioners before the High Court respondents herein in the meanwhile.
