1 cri.appln 403-2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 403 OF 2011 IN CRIMINAL APPEAL NO. 525 OF 2007 Mohd.Kamil Mohd.Shabuddin ...Applicant VS. Union of India & Anr. ...Respondents Mr.Ayaz Khan i/b. Mr.Rajendra Bidkar and Ms.Yogini Kadam for the Applicant. Mr.Kiran J. Kanpile for Respondent No.1. Smt.M.M. Deshmukh, APP for the State. CORAM : U.D. SALVI, J. DATED : APRIL 21, 2011 P.C :- 1 Heard. Perused the application. 2 The applicant-accused no.2 convicted for the offence punishable under Sections 21 and 29 read with 8(c) of the NDPS Act, 1985 and sentenced to suffer RI for 10 years and to pay fine of Rs.1 lakh and in default of payment of fine, to suffer RI for 2 cri.appln 403-2011 further period of three months on each count in NDPS Special Case No.47/2001 has moved the present application for being released on bail. 3 Briefly, the prosecution case is as under :- In a raid conducted upon the specific information received by the NCB Mumbai on the premises in occupation of the accused no.1 Ramprasad Yadav at Kurla (West), Mumbai, 2 kg. of heroin was seized on 1st February, 2001. Both the accused were apprehended at the said place on 1st February, 2001. 4 Since then the applicant-accused is imprisoned and was granted bail in the present case in Criminal Application No.638/2010 on 4th October, 2010. It appears that the accused no.1  Ramprasad Yadav was granted bail in the present case in Criminal Application No.1011 of 2008 on 14th October, 2008 and on the basis of the said order, Order dated 4th October, 2010 granting bail to the present 3 cri.appln 403-2011 accused came to be passed. Interestingly, it appears that the accused no.1 Ramprasad was ordered to be released on PR Bond of Rs.10,000/- with one or two sureties, one of them local surety in the like amount subject to his attendance in NCB Office once in a month. Whereas, this applicant was ordered to be released on the bail bond of Rs.25,000/- with one or two sureties in the like amount with the similar conditions of attendance in NCB Office. Reasons for this difference in stipulation of the amounts of bail bonds are not apparent on the face of the order dated 4th October, 2010. 5 Now the learned Advocate Mr.Ayaz Khan submits that he is not in position to arrange sureties in the sum of Rs.25,000/- and has no capacity to give cash security to the extent of Rs. 25,000/-. Modification in the said order is, therefore, solicited. Relying on the judgment of this Court in Swan Kher Gulsan and others vs. Assistant Collector of Customs and another, reported 4 cri.appln 403-2011 in 1993 Criminal Law Journal 3569, learned Advocate Mr.Ayaz Khan for the applicant submitted that the present application for bail cannot be termed as review of the previous order of bail, particularly in circumstances when the applicant is not in position to arrange for the sureties to the tune of Rs.25,000/- and he deserves parity with accused no.1 Ramprasad Yadav as regard the quantum of bond is concerned. He further submitted that the applicant- accused has completed the substantive sentence and half of which what remains on account of sentence in default of payment of fine. In the interest of justice, therefore, the following order is passed :- 6 The Order dated 4th October, 2010 is modified to bring it in line with the Order dated 14th October, 2008 granting bail to the accused no.1 Ramprasad Yadav. 5 cri.appln 403-2011 7 The applicant-accused Mohd.Kamil Mohd.Shabuddin shall be released on PR Bond of Rs. 10,000/- with one or two sureties, one of them being local surety, in the like amount subject to the following conditions :- i)shall report to NCB Mumbai once in a month i.e. Monday of the first week of every month between 10 a.m. and 12 noon. 8 Application stands disposed of, accordingly. 9 Appeal be posted for final hearing on 15th June, 2011. (U.D. SALVI, J.)