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2020 (11) TMI 392 - HC - CustomsBail Application - case of the prosecution is that, petitioner has been organizing Indian Operations based in Kerala and has been involved in illegal smuggling of gold in the form of compound gold pieces - HELD THAT:- As the investigating agency is required to unearth the ramifications of the offences, release of the petitioner at this stage is likely to hamper the investigation and hence, petition cannot be allowed. Direction is issued to the State/Union territory to constitute a High Powered Committee comprising of (i) Chairman of the State Legal Services Committee, (ii) the Principal Secretary (Home/Prison) by whatever designation is known as, (iii) Director General of Prison(s), to determine which class of prisoners can be released on parole or an interim bail for such period as may be thought appropriate. For instance, the State/Union territory could consider the release of prisoners who have been convicted or are undertrial for offences for which prescribed punishment is up to 7 years or less, with or without fine and the prisoner has been convicted for a lesser number of years than the maximum. The said order does not furnish a ground for the petitioner to seek his release on bail. Petition dismissed.
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