1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.870/2009 WITH CRIMINAL APPLICATION NO.958/2009 Kaisar Hussain Asad Ali Khan Appellant Vs. Union of India & Anr. Respondents Mr.Taraq Sayyed/Sartaj Shaikh for Appellant Mr.Sandeep K.Shinde i/b Mr.D.N.Salvi for Respondent Mr.S.A.Shaikh,APP for State CORAM: MRS.MRIDULA BHATKAR,J. DATE : 15th SEPTEMBER,2009 P.C. . Heard. 2] This Appeal is filed against the judgment and order dated 31/7/2009 convicting the appellant/accused for the offence punishable under sections 29 r.w.Sec. 8(c) and section 21(b) of the Narcotic Drugs and Psychotropic Substances Act and sentenced to suffer R.I.for four years ,fine of Rs.10,000/- i/d to suffer S.I.for two months for each section . 3] The learned counsel appearing for the respondents opposes the application for bail on the ground that bail cannot be granted to the accused if parameter of Section 37 is not fulfilled. 2 4] In the present case the appellant/accused was found possessing 10.90 percentage i.e.101 gm.pure heroine which is not commercial purpose. 5] It is submitted by the learned counsel for the appellant that the appellant/accused has undergone three years and nine months of sentence ,therefore, he be released on bail. 6] Considering the facts and sentence undergone and sentence awarded ,accused be released on bail of Rs.25,000/- with one surety in like amount. Appeal is admitted (MRS.MRIDULA BHATKAR,J.)