1 Cri-A-727-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMNAL APPLICATION NO. 727 OF 2011 IN CRIMINAL APPEAL NO. 509 OF 2011 Hameed Sharifulla Sayyed ... Applicant (Orig. accused No.3) vs. 1. Shri S.M.Phansekar ) 2. The State of Maharashtra ) Respondents Mr. Ayaz Khan,Advocate, a/w Ms. Zehra Charana,Advocate,for the applicant. Ms. R.B.Amrolin Addl.P.P.for the respondent No.1. Smt. G.P.Mulekar, APP, for the respondent No.2 – State. CORAM: J.H.BHATIA,J. DATE : 19th September, 2011. P.C. 1. The applicant, who is original accused No.3 in Special Case (NDPS) No.07/2008 before the Addl. Sessions Judge, Thane, was convicted for the offence punishable under Section 27-A of N.D.P.S. Act and was sentenced to undergo R.I. for ten years and to pay fine of Rs. 1 lakh. He has preferred an appeal against the conviction and sentence. The appeal is already admitted. By this application, he seeks to be released on bail pending the appeal. 2 Cri-A-727-11.odt 2. The learned Counsel for the applicant pointed out that the present applicant and three other accused persons were charged for the offences punishable under Section 29 and under Section 20(b)(ii)(c) read with Section 29 of NDPS Act. The accused No.2 – Balbir Singh was convicted under Section 20(b)(ii)(c) of NDPS Act, but he was acquitted of the charge under Section 29. Accused Nos. 1 and 4 were acquitted of all the charges. The present applicant/accused No.3 was also acquitted of the charge under Section 29 as well as Sec. 20 of NDPS Act. Though the opening para of the impugned judgment shows that the accused were facing charge under Section 27A of NDPS Act and the present applicant was also convicted under Sec. 27A, the record and proceedings reveal that no charge was framed against any of the accused persons under Section 27A which provides for punishment for financing illicit traffic and habouring offenders. The learned Addl. P.P. also concedes that there is no charge under Sec.27A. Thus,the accused has been convicted and sentenced for an offence for which he was never charged and put to trial, while he was acquitted of the charges against him. 3. In view of the above circumstances, the applicant/accused No.3 be released on his executing P.R. of Rs.25,000/- with one or two sureties in the like amount with condition hat he shall attend the office of N.C.B. on first Monday of 3 Cri-A-727-11.odt every month pending the appeal (J.H.BHATIA,J.)