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TMI Blog2019 (7) TMI 1683X X X X Extracts X X X X X X X X Extracts X X X X ..... hird accused. No gold was seized from him. This being the situation, there are no justification for the prosecution to oppose the application filed by the seventh accused, when the prosecution has no objection in granting bail to the first accused, who was caught red-handed with 25 kg of gold. Considering the facts and circumstances of the case, including the stage of investigation, the further detention of the petitioners is not necessary for the progress of investigation of the case. These applications stand allowed and the petitioners shall be released on bail on condition of each of the petitioners executing a bond for ₹ 35,000/- each, with two solvent sureties each, each for the like sum to the satisfaction of the Jurisdictio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the third accused was revealed. The fourth accused was an employee of M/s PPM Chains, which used to collect the smuggled gold from the accused. M/s PPM Chains used to manufacture the gold ornaments and distribute the same to the jewellery shops. 3. The first and the second accused were arrested on 13.05.2019. The fourth accused was arrested on 21.05.2019. The seventh accused surrendered before the Investigating Officer on 31.05.2019 as directed by this Court. 4. Heard. 5. The learned Public Prosecutor has no serious objection in granting bail to the petitioners, other than the petitioner in B.A.No.4648 of 2019, who is the seventh accused. The learned Public Prosecutor has submitted that the seventh accused is the person, who intr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f A7, who was not available for interrogation by the DRI officials during the said period. Even though it is alleged that the seventh accused smuggled gold on four occasions, no crime has been so far registered against him in respect of the said allegations. The learned Public Prosecutor has fairly conceded that the offence alleged against the petitioners is compoundable. However, for compounding the offence, there should be consensus from the department as well. 9. The learned Public Prosecutor has submitted that even though A1 smuggled gold on nine occasions, there is no material to show that A1 introduced any other person to the smuggling gang. However, the seventh accused had introduced so many persons to the smuggling gang. The fina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... seized from him. This being the situation, I do not find any justification for the prosecution to oppose the application filed by the seventh accused, when the prosecution has no objection in granting bail to the first accused, who was caught red-handed with 25 kg of gold. Considering the facts and circumstances of the case, including the stage of investigation, I am of the view that the further detention of the petitioners is not necessary for the progress of investigation of the case. In the said circumstances, I am inclined to allow these applications. In the result, these applications stand allowed and the petitioners shall be released on bail on condition of each of the petitioners executing a bond for ₹ 35,000/- (Rupees Thirty ..... X X X X Extracts X X X X X X X X Extracts X X X X
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