1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.1424 OF 2009 In CRIMINAL APPEAL NO.1054 OF 2009 Ghasiram Kanhyalal Solanki @ Uncle : Applicant (Orig.Accused No.1) V/s. Shri S.S.Asawale, Intelligence Officer, Narcotics Control Bureau, Mumbai & Anr. : Respondents .... Ms Nilofar Saiyed i/b. Ayaz Khan for the applicant. Mr.Mandar Goswami for respondent no.1. Mr.P.A.Pol, Public Prosecutor, with Ms S.V.Gajare, Addl. Public Prosecutor for the State. .... CORAM : B.R. GAVAI, J. DATE : FEBRUARY 22, 2010. P.C.: This is an application for grant of bail. 2. The applicant (original accused no.1) has been convicted for an offence punishable under section 21 read with 8(c) and under section 29 of the NDPS Act and sentenced to suffer R.I. for a term of ten years and to pay a fine of Rs.1,00,000/-, in default of payment of fine to undergo 2 R.I. for six months. 3. The application has been filed on the ground that the applicant is HIV+ive and is seriously ill and would not survive for a long time. 4. The application is vehemently opposed by the learned counsel on behalf of the respondent no.1 on the ground that the applicant is a habitual defaulter. 5. The applicant has almost undergone sentence of seven-and-a- half years. Taking into consideration the peculiar facts and circumstances of the case, the learned Addl. Public Prosecutor was requested to obtain a report from the Superintendent, Yerwada Prison. Accordingly, the report dated 19.2.2010 has been received from the Superintendent, Yerwada Prison, Pune. Along with the said report, Medical Certificate of Dr.Uma P. Divate, Consultant Physician, Jehangir Hospital, Pune, has been annexed. Perusal of the report of Dr.Divate reveals that the applicant is critically ill and is taking indoor treatment in Jehangir Hospital. The condition of the applicant has been described to be potentially fatal. The application is supported by the affidavit of Deepak Ghasiram Solanki, son of the applicant. In the affidavit, it is stated that the family members of the applicant would like to treat him at a hospital in Bhawani Mandi, 3 Rajasthan, i.e. the native place of the applicant. 6. Taking into consideration the peculiar facts and circumstances and particularly that the applicant is counting his last days, I find that it will be in the interest of justice that the applicant is permitted to be treated at his native place in the attendance of his family members. 7. The applicant (original accused no.1) is, therefore, directed to be released forthwith on bail on furnishing cash surety of Rs.50,000/- (Rupees Fifty Thousand only) to the satisfaction of the Registrar, City Civil & Sessions Court, Greater Bombay. The applicant is further directed to furnish his address to the local police station at Bhawani Mandi, Rajasthan. Criminal Application No.1424 of 2009 stands disposed of. B. R. GAVAI, J.