/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1248 OF 2008 IN CRIMINAL APPEAL NO.148 OF 2007 Otabor Elvis ...Applicant Vs. The Union of India & Anr. ...Respondents --- Shri Atul Sarpande for Applicant Shri V.V. Nikam 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 21 r/w.8(c) of the N.D.P.S. Act and sentenced to suffer R.I. for 10 years. 2. 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. 2. In the present case, admittedly the Applicant was caught red handed while he was found carrying 976 grams of heroin from the false bottom of the bag. Since the evidence against the present Applicant is that / 2 / the Applicant was found in possession of 976 grams of heroin, no case is made out for grant of bail. However, since the Applicant has already undergone six years and five months of the sentence, the Criminal Appeal is kept for hearing on 19th November, 2008. Application for bail is rejected. Liberty is, however, granted to the Applicant to take a fresh application for bail if the appeal is not decided by 19th of December, 2008. 4. Application is disposed of. V.M. KANADE J.