..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.334 OF 2008 IN CRIMINAL APPEAL NO.277 OF 2008 1.Kurukuttikaran Anthony, & 2.Shiroor Rajeeva. ..Applicants. Versus Shri A.J. Shaikh, Intelligence Officer, Narcotic Control Bureau, Mumbai, and Anr. ..Respondents. .... Mr.Ayaz Khan, Adv. a/w. Mr.Anjali Patil, Adv. for the Applicants. Mrs.A.S.Pai, Counsel for Respondent No.1. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 6th May, 2008. DATED : 6th May, 2008. DATED : 6th May, 2008. P.C.: 1. Heard the learned Counsel for the Applicants-orig.accused Nos.2 & 3 and the learned Counsel for respondent No.1-NCB. 2. The applicants-orig.accused Nos.2 & 3 have been convicted under the NDPS Act. The maximum term of imprisonment imposed on the applicants-orig.accused Nos.2 & 3 is ten years. The applicants are now seeking bail. 3. The learned Counsel for the ..(2).. applicants-orig.accused Nos.2 & 3 submitted that the maximum term of imprisonment imposed on the applicants is ten years and out of the said period the applicants have undergone seven years and five months of imprisonment. The learned Counsel for the applicants has placed reliance on the decisions of this Court and the Supreme Court, wherein when the accused has undergone more than half the period of imprisonment, even if the case is under NDPS Act the accused has been released on bail. The said decisions of this Court and Apex Court are as under : (i) (2006) 1 SCC (Cri) 279 Para-3 Mansingh Vs. Union of India. (ii) Unreported decision of this Court (Coram : B.H.Marlapalle,j.) in Criminal Application No.736 of 2007 in Criminal Appeal No.448 of 2007. . (Mr.Begani Talab Suleman @ Bashir @ Tkara & Mr.Farook Qureshi @ Farook Vs. Union of India.) (iii) Unreported decision of this Court dated ..(3).. 31.10.2007 in Criminal Application No.981 of 2007 in Criminal Appeal No.162 of 2007. . (Mrs.Zainab Bte Yousuf Vs. Union of India.) 4. Placing reliance on the above mentioned decisions, Mr.Ayaz Khan the learned Counsel for the applicants prayed that the applicants may be released on bail. It is an admitted fact that the applicants have completed more than 7 years and 5 months imprisonment. Looking to the above facts, I am inclined to release the applicants on bail. 5. On the applicants depositing their passports, if any, with the NCB, Mumbai, the applicants - Kurukuttikaran Anthony and Shiroor Rajeeva be released on bail in the sum of Rs.50,000/- (Rs.Fifty Thousand Only) each with one or two sureties to make up the said amount. The applicants shall report to NCB, Ballard Pier, Mumbai twice in a week for a period of six months and thereafter once in a week, till disposal of the appeal. Before being released on bail, the office of NCB, Mumbai shall be informed the ..(4).. address at which the applicants will reside during the period that they are on bail. Any change in address of residence of the applicants, be informed to the office of NCB, Mumbai within a week of said change. 6. Application is disposed of accordingly. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)