IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.85 OF 2008 IN CRIMINAL APPEAL NO.545 OF 2006 Shridhar Laxman Chennuri ...Applicant Versus Union of India & Anr. ...Respondents ...... Mr.Anil Lalla i/b Lall & Lalla for Applicant. Mrs.U.V.Kejriwal for Respondent No.1. Mr.Rajesh More, 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. Indeed, Bail application filed by the Applicant on the earlier occasion has been rejected by this Court dealing wit merits of the case, on 15th September 2006. However, in view of the fact that thereafter the Applicant has remained in jail and as of now has completed seven years and four : 2 : months in jail out of the sentence of 10 years imposed by the lower Court, coupled with the fact that it is unlikely that the Appeal filed by the Applicant will be heard in near future as the Appeals of similarly placed accused of 2002 are being taken up for hearing and that, the co-accused in the same transaction have already been released on bail by this Court on 14th March 2008 in Criminal Application Nos.1380 of 2006 and 1381 of 2006 by Justice A.S.Oka, who had rejected the Bail Application of the Applicant herein on the earlier occasion. Applying the same reasoning, that the co-accused were in jail for over 7 years and that it was unlikely that the Appeals would be taken up for hearing in the near future, I have no hesitation in granting bail even to the present Applicant. 3. Counsel for the Applicant had justly relied on the decisions of the Apex Court in Mansingh vs. Union of India reported in (2006) 1 Mansingh vs. Union of India reported in (2006) 1 Mansingh vs. Union of India reported in (2006) 1 SCC (Cri.) 279 and Vijaysinh Chandubha Jadeja vs. SCC (Cri.) 279 and Vijaysinh Chandubha Jadeja vs. SCC (Cri.) 279 and Vijaysinh Chandubha Jadeja vs. State of Gujarat reported in (2007) 1 SCC (Cri.) State of Gujarat reported in (2007) 1 SCC (Cri.) State of Gujarat reported in (2007) 1 SCC (Cri.) 370 370 370 that in similar situation in NDPS matter, even : 3 : the Apex Court granted bail to the accused who had undergone sentence of over 7 years out of 10 years period. 4. Accordingly, this Application is allowed on the following conditions: (a) The Applicant Shridhar L.Chennuri is directed to be enlarged on bail on furnishing P.R. Bond in the sum of Rs.25,000/- (Rupees Twenty-five Thousand) with two solvent sureties in the like amount. (b) The Applicant shall be enlarged on bail only after he deposits the fine amount. (c) The bail is granted subject to the condition that the Applicant will report to the Office of the Narcotic Control Bureau at Ballard Pier, Mumbai one in a week till the disposal of the Appeal. : 4 : (d) The Applicant shall deposit passport, if any, with the Investigating Officer within three weeks from the date of his release, which will be retained by the said Investigating Officer till further order to be passed by this Court. In case, the Applicant does not have any passport or has already deposited the same with one Authority, shall file affidavit to that effect within three weeks from the date of his release in this Court. (e) The Applicant shall not travel outside Mumbai and Thane District without prior permission of Court. 5. Application disposed of accordingly. A.M.KHANWILKAR, J.