1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 14 OF 2009 IN CRIMINAL APPEAL NO. 593 OF 2006 I.K.Bossam and anr. .. Applicants Vs. The Union of India .. Respondent Mr. Anil Lalla i/b Lalla & Lalla for the Applicant Mr.D.N.Salvi for the respondent /UOI Mr.A.S.Shitole,APP for State CORAM : Mrs.MRIDULA BHATKAR, J. DATE : 7th October,2009 ORAL ORDER 1. Heard. 2. The applicants accused have preferred this appeal as they are convicted for the offence punishable under Section 8(c) r/w section 21 of NDPS Act and sentenced to suffer R.I.for 10 and fine of Rs.1 lac. The judgment was declared on 29.4.2006 and accused is in custody since 10 .11. 2001 .He has undergone imprisonment of about 8 years 3. Mr. Lalla, learned Counsel for the applicants, has submitted that this application for bail is based on the ruling of the Hon’ble Supreme Court in the case of Mansing Vs. Union of India reported in (2006) I Supreme Court Cases (Cri.) 279 in which it is held that - “The appellant has been in jail since 1-3-1997 2 and has already undergone more than seven years of imprisonment .It is stated by the learned counsel for the appellant that there is no likelihood of the appeal being heard in the near future. Reliance is placed on the decision of this Court in Dadu Vs.State of Maharashtra. The learned counsel for the appellant states that the appellant is prepared to deposit amount of fine. With this finding the Hon’ble Supreme Court has granted leave and allowed the appeal . 4. He has further relied on the unreported judgement of this Court in Criminal Application 737 of 2007 in Cri. Appeal No. 449/2007 on the said point. Learned Counsel Shri Lalla has pointed out that in both these cases, the accused were convicted for 10 years R.I. with fine Rs. 1 lac. However, the accused were released on bail pending their appeals on the point that the appeals were not likely to come for hearing in near future. 5] In the present case Foreign national are convicted for 10 years R.I. with fine of Rs. 1 lac for carrying 300 gm. Cocaine and 11 Kg. Heroin. At present the appeals of the year 2002 are taken up for hearing. This appeal being of 2006, is not likely to come up for hearing in the near future. I am bound by the Judgment and order passed by the Hon’ble Supreme Court in the case of Mansing Vs. 3 Union of India (Supra ). The nature of offence, period of conviction, so also the period of sentence undergone are almost same except the accused in the present case is foreign national. However,this cannot justify any discrimination between Indian accused and foreign national accused. Hence, the application is allowed, however, with a view to secure presence of the accused who are foreign national, some stringent conditions are to be saddled. 6] In the result, the application for bail is allowed with following conditions. 1] The applicants-accused are directed to be released on Bail of Rs. 2 lacs (Rs. Two lacs )each with two local sureties of Rs. One lac each. 2] The applicants- accused to deposit Rs.1 lac ( Rupees One lac) fine amount. 3] The Applicants- accused shall report to Narcotics Control Bureau, Mumbai/Concerned Police Station once in a week between 12.00 noon to 13.00 hrs. during the Pendancy of the appeal. 4] Passport of the applicants-accused shall be retained with the N.C.B.. (MRIDULA BHATKAR, J.)