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2019 (7) TMI 1683 - HC - CustomsSmuggling - Gold - it appears that the contention of the seventh accused that the 3rd accused was arrested only for the purpose of compelling the seventh accused to surrender before the Investigating Officer, as the 3rd accused is the wife of the seventh accused, cannot be viewed lightly. It appears that no gold was seized from the seventh accused - HELD THAT:- It appears that the third accused, who was not involved in the above crime, was arrested and detained in custody without any justification. No crime was also registered against the third accused, in connection with the alleged prior incidents. The seventh accused is the husband of the third 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 Jurisdictional Magistrate.
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