1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICAITON NO.1370 OF 2007 IN CRIMINAL APPEAL NO.325 OF 2007 Tetsyo Hiryama. ..Applicant. V/s. Union of India & Anr. ..Respondents. Mr.L.R.Chari for Applicant. Mr.V.H.Kantharia for Respondent No.1. Mr.K.V.Saste, APP for Respondent-State. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : APRIL 10, 2008. DATE : APRIL 10, 2008. DATE : APRIL 10, 2008. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. Although the Applicant has been convicted for the offence punishable under Section 8(c), 20(b)(c), 23 r/w 28 and 29 of the NDPS Act and sentenced to suffer rigorous imprisonment for 10 years on each count and to pay fine of Rs.One Lakh on each count, however, as admittedly, the Applicant has undergone substantial part of the said sentence(since 27.11.2000); coupled with the fact that it is unlikely that the Appeal preferred by the Applicant would be taken up for hearing in immediate near 2 future, as it is yet to be set down for final hearing; following the exposition of the Apex Court in the case of Mansingh V/s.Union Mansingh V/s.Union Mansingh V/s.Union of India 2006(1) 2006(1) 2006(1) SCC (Cri) 279 SCC (Cri) 279 SCC (Cri) 279 and the case of Vijaysinh Chandubha Vijaysinh Chandubha Vijaysinh Chandubha Jadeja V/s. State of Gujarat reported in (2007) 1 Jadeja V/s. State of Gujarat reported in (2007) 1 Jadeja V/s. State of Gujarat reported in (2007) 1 SCC (Cri) 370 SCC (Cri) 370 SCC (Cri) 370, in the interest of justice, the Applicant will have to be released on bail. 3. Counsel for the Respondent however, strenuously opposed granting bail to the Applicant having regard to the fact that the Applicant has no fixed place of residence, if released on bail and that the proposed place of residence indicated by the Applicant seems to be doubtful and that the Applicant is foreign national, which would facilitate the Applicant to flee from the ends of justice. 4. The argument though attractive can be addressed by imposing strict condition for release of the Applicant. That would address the apprehension of the Respondent that the Applicant may flee from the ends of justice. In the circumstances, the Applicant is ordered to be released on bail, but on the following condition: (a) The Applicant-Testsyo Hiryama shall 3 deposit fine amount ordered by the Trial Court as condition precedent. (b) The Applicant-Testsyo Hiryama is ordered to be released on bail in connection with the offence in NDPS Spl. Case No. 21 of 2001, if not required in any other case, on executing bail bond in the sum of Rs.1,00,000/-(Rs.One Lakh only) with two sureties in the like amount. (b) The Applicant shall report daily to the local police station, presently stated to be Oshiwara Police Station or Goregaon Police Station, as the case may be, between 8 a.m. to 10 a.m. during the pendency of this Appeal in this Court. In addition, the Applicant shall report to Superintendent of Custom, AIU Awas Corporate Point, 2nd Floor, Makwana Lane, Behind S.M.Centre, Andheri (E), Mumbai-59 once in a month on 1st Monday of every English Calender month between 3 p.m. to 5 p.m. till further orders to be passed by this Court and/or disposal of Appeal. (c) The Applicant shall not travel 4 outside the territory of Greater Mumbai without written permission of this Court. (d) The Applicant shall inform his latest place of residence immediately after being released and/or change of residence, if any from time to time, to the Sr.Inspector of Police, Oshiwara Police Station/Goregaon Police Station as well as Superintendent of Custom, where he would report. (e) The Applicant shall deposit passport, if already not deposited with the Superintendent of Custom, which will be retained by the said Authority till further order to be passed by this Court. 5. Application disposed off on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)