/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1216 OF 2008 IN CRIMINAL APPEAL NO.972 OF 2007 Smt. Osho Olautin Anikezan ...Applicant Vs. The Union of India & Anr. ...Respondent --- Shri Atul Sarpande for Applicant Shri D.P. Adusule APP for State. ---- CORAM: V.M. KANADE J. DATED 14TH NOVEMBER, 2008 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant. This is an application for bail. The Applicant is convicted for the offence punishable under section 29 r/w.8(c) and section 21 of the N.D.P.S. Act and sentenced to suffer R.I. for 10 years. The learned Counsel for the Applicant submits that the Applicant has already undergone six years and five months out of the said sentence. He submitted that the appeal would not come up for hearing for quite some time, therefore, the Applicant be released on bail. The learned Counsel for the Applicant has placed reliance on the judgment of the Apex Court in the case of Mansingh Vs. Union of India reported in AIR 2006 (1) S.C. cases page 279(SCC) and there are series of cases of this Court, wherein the person undergone more than half the period of / 2 / imprisonment, has been released on bail. He submitted that the Accused Nos.2 and 3 have been released on bail on the same ground by this Court by order dated 25th June, 2008. In the present case, admittedly the Applicant was found to be in a possession of drugs. The learned Counsel for the Applicant submits that the Applicant is merely a carrier, who was asked to carry the bag of narcotics. Since the Applicant was found in possession of the container of drugs, no case is made out for grant of bail to the Applicant. 2. However, since the Applicant has already undergone six years and five months of the sentence, appeal is fixed for hearing on 19th November, 2008. Call for the record and proceedings. The Registrar, Sessions Court, Mumbai, is directed to send the record and proceedings within one week from today. Paper book has already been filed by the Applicant. Appeal may be placed high on Board. 3. Application is disposed of. V.M. KANADE J.