IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1303 OF 2007 IN CRIMINAL APPEAL NO.210 OF 2007 Ramlal Fakirchand Lohar ...Applicant Versus Union of India & Anr. ...Respondents ...... Mr.A.T.Lalla i/b Lalla & Lalla for Applicant. Mr.D.N.Salvi for Respondent No.1. Mr.V.B.Konde-Deshmukh, A.P.P. for Respondent No.2. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. APRIL 4, 2008. APRIL 4, 2008. APRIL 4, 2008. P.C. P.C. P.C. 1. Heard Counsel for the parties. 2. For the present, the only argument pressed on behalf of Applicant is that the Applicant has already undergone substantial part of sentence awarded to him by the lower Court in relation to offence under Section 21(c) r/w Section 8(c) of the NDPS Act and that it is unlikely that the Appeal : 2 : which has been admitted by this Court will be taken up for hearing in near future. According to the Applicant, the Appeals of similarly placed accused which are being presently taken up for hearing pertain to year 2002. Counsel for the Applicant has placed reliance on the decision of the Apex Court in the case of Mansingh vs.Union of India Mansingh vs.Union of India Mansingh vs.Union of India reported in (2006) 1 SCC (Cri.) 279 reported in (2006) 1 SCC (Cri.) 279 reported in (2006) 1 SCC (Cri.) 279 to buttress this contention. 3. Indeed, the Applicant is in custody for over three and a half years as of now. There is also substance in the argument of the Applicant that the Appeal preferred by the Applicant may not reach for hearing in near future as, presently Appeals pertaining to year 2002 of similarly placed accused are being taken up for hearing. However, the observations of the Apex Court in the case of Mansingh (supra) Mansingh (supra) Mansingh (supra) would be attracted only if the Applicant were to undergo sentence of more than seven years, as the Apex Court has taken into account twin requirement of seven years’ imprisonment and no likelihood of appeal being heard in near future. Thus understood, this : 3 : Application will have to be rejected. 4. It is, however, made clear that the Applicant will be free to renew his prayer for being released on bail after completing seven years of imprisonment, so as to avail of bail on the basis of the exposition of the Apex Court in the case of Mansingh (Supra) Mansingh (Supra) Mansingh (Supra). 5. Application disposed of accordingly. A.M.KHANWILKAR, J.