..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.551 OF 2008 IN CRIMINAL APPEAL NO.447 OF 2008 IN SPECIAL N.D.P.S. CASE NO.23 OF 2001 Mr.Ramesh Kumar Chandmal Jain. ..Applicant. Versus Narcotic Control Buraue and Anr. ..Respondents. .... Mr.Atul Sarpande, Adv. for the Applicant. Mr.D.N.Salvi, Counsel for Respondent No.1-NCB. Mr.V.B.Konde-Deshmukh, APP, for Respondent No.2-State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 9th June, 2008. DATED : 9th June, 2008. DATED : 9th June, 2008. P.C.: 1. Heard the learned Counsel for the Applicant-orig.accused No.5 and the learned Counsel for respondent No.1-NCB. 2. The applicant-orig.accused No.5 has been convicted under the NDPS Act. The maximum term of imprisonment imposed on the applicant-orig.accused No.5 is ten years. The applicant is now seeking bail. 3. The learned Counsel for the applicant-orig.accused No.5 submitted that the maximum term of imprisonment imposed on the applicant is ten years and out of the said period ..(2).. the applicant has undergone seven years and six months of imprisonment. The learned Counsel for the applicant has placed reliance on the decisions of this Court and the Supreme Court, wherein when the accused has undergone more than half the period of imprisonment, even if the case is under NDPS Act the accused has been released on bail. The said decisions of this Court and Apex Court are as under : (i) (2006) 1 SCC (Cri) 279 Para-3 Mansingh Vs. Union of India. (ii) Unreported decision of this Court (Coram : B.H.Marlapalle,j.) in Criminal Application No.736 of 2007 in Criminal Appeal No.448 of 2007. . (Mr.Begani Talab Suleman @ Bashir @ Tkara & Mr.Farook Qureshi @ Farook Vs. Union of India.) (iii) Unreported decision of this Court dated 31.10.2007 in Criminal Application No.981 of 2007 in Criminal Appeal No.162 of 2007. . (Mrs.Zainab Bte Yousuf Vs. Union of India.) ..(3).. 4. Placing reliance on the above mentioned decisions, Mr.Sarpande the learned Counsel for the applicant prayed that the applicant may be released on bail. It is an admitted fact that the applicant has completed more than 7 years and 5 months imprisonment. Looking to the above facts, I am inclined to release the applicant on bail. 5. On the applicant depositing his passport, if any, with the NCB, Mumbai, the applicant - Mr.Ramesh Kumar Chandmal Jain be released on bail in the sum of Rs.50,000/- (Rs.Fifty Thousand Only) with one or two sureties to make up the said amount. The applicant shall report to NCB, Ballard Pier, Mumbai twice in a week for a period of six months and thereafter once in a week, till disposal of the appeal. Before being released on bail, the office of NCB, Mumbai shall be informed the address at which the applicant will reside during the period that he is on bail. Any change in address of residence of the applicant, be informed to the office of NCB, Mumbai within a week of said change. 6. Application is disposed of accordingly. ..(4).. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)