-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 653 OF 2008 IN CRIMINAL APPEAL NO. 526 OF 2008 Naushad Ali Shaikh .. Applicant. (Org.Accused no.1) V/s. Union of India and another .. Respondents. --- WITH CRIMINAL APPLICATION NO. 1013 OF 2008 IN CRI. APPEAL NO. 915 OF 2008 R.Muthudass S/o. Phicantya Dass .. Applicant. (Org. Accused no.2) V/s. Union of India & Anr. .. Respondents. ..... Mr. Ayaz Khan & Ms.Nilofer Saiyed for for the Applicants. Mr. R.F. Lambay for the Respondent No. 1- Union of India. Mr. Rajesh More, APP for the Respondent No.2 -State. --- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 22nd JANUARY, 2009. DATED : 22nd JANUARY, 2009. DATED : 22nd JANUARY, 2009. P.C.: P.C.: P.C.: . Heard. -: 2 :- 2. The applicants in the above two applications are the accused no.1 and accused no.2 in NDPS Special Case No. 46/2001 before the Special Judge under the NDPS Act. Both the applicants came to be convicted by the learned Special Judge for the offence punishable under section 29 r/w. section 8(c) and section 22 of the NDPS Act. For the offence under section 29 r/w. section 8(c), the applicants are directed to undergo R.I. for 10 years and to pay a fine of Rs. One lakh, in default, further R.I. for six months. For the offence under section 22 r/a. 8(c) of the NDPS Act, the applicants have been directed to undergo 10 years and to pay a fine of Rs. One lakh, in default, further R.I. for six months. Both the sentences are directed to run concurrently. 3. The applicant in Criminal Appeal No. 653 of 2008 is taken into custody on 8.2.2001 and the applicant in criminal Appeal No. 1013 of 2008 was also taken in the custody on 8.2.2001. There is no dispute that both the applicants are in custody since long, approximately, last eight years. 4. The learned Special Judge in paras 59 and 60 of his judgment which is impugned in the present appeals has observed that the applicant in criminal appeal no. 653/2008 is suffering from heart discese and he is likely -: 3 :- to undergo an open heart surgery in the near future. It is also observed that the applicant in in criminal appeal no. 1013/2008 is having ailment of suspect cancer of throat. 5. The impugned judgment and order in both the appeal was passed on 30.04.208 and immediately thereafter, the appeals are filed. There are 33 witneses who are examined before the learned Special Judge. 6. Taking the above peculiar facts and circumstances of these cases in to consideration, coupled with the fact that the appeals will not reach final hearing stage in the near future, I am inclined to grant bail to both the applicants on the following terms and conditions : i. Pending the hearing and final disposal of the appeals, the substantive sentences imposed on the applicants are suspended on the applicants executing bail bonds in the sum of Rs.50,000/- (Fifty thousand only) each with one or two sureties in the like amount to the satisfaction of the Registrar of the Sessions Court. ii. The applicants shall deposit fine if not earlier deposited before execution of the bail -: 4 :- bonds. iii. The applicants shall not indulge in any criminal activities during pendency of the appeals. iv. The applicants shall remain present at the time of final hearing. 7. I have granted bail to the applicants on the medical ground and in the special facts and circumstances of this case. 8. Both the bail applications are disposed of in the above terms. (R.V.MORE,J.) .....