1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 344 OF 2010 IN CRIMINAL APPEAL NO.1253 OF 2008 Jagdish Behrulal Pattidar ...Applicant Vs. Sanjay A. Poojari and Anr. ...Respondents ----- Ms. Sherali S.Khan for Applicant Mr.D.N.Salvi for Respondent No.1 Mr.S.R. Shinde - APP for State ----- CORAM: V.M. KANADE J. DATED: 5TH APRIL, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the learned Counsel for the Union of India. 2. This application has been filed by the Applicant for bail. It is submitted that the Applicant has been convicted by the Special Judge for the offence punishable under sections 8(c) r/w. 21(c) of the N.D.P.S. Act and sentenced to suffer R.I. for 10 years and to pay a fine of Rs.1,00,000/- and, in default, to suffer further R.I. for three months. 1 3. It is submitted that the Applicant was arrested on 20.12.2003 and he is in jail since then. The Applicant had already undergone six years and four months of actual sentence. The Applicant is seeking bail on the ground of parity. It is submitted that the main accused in this case has been released on bail by this Court by order dated 9th March, 2010 (Coram: B.R. Gavai J.) in Criminal Bail Application No. 854 of 2009. It is submitted that since the main accused is released on bail, the Applicant also deserves to be released on bail and on the ground of parity. He also invited my attention to the judgment of the Division Bench of this Court dated 3rd February, 2009 in Criminal Application No. 733 of 2008 wherein the Division Bench has made the following observations. "In the meantime, there is no reason not to grant bail to the applicant when two main accused have already been granted bail and no steps have been taken by the respondents to challenge that order. This court cannot give different treatment to the accused who sail in the same boat. therefore, we allow the bail application of the applicant and grant him bail on furnishing personal bond in the sum of Rs.50,000/- with one or two sureties in the like amount to the 1 satisfaction of the Registrar, Sessions Court concerned." 4. For the aforesaid reasons, in my view, the Applicant deserves to be released on bail. Under these circumstances, the Applicant be released on bail on fresh personal Bond of Rs.25,000/- with one or two sureties in the like amount. The Applicant shall hand over the passport, if he has obtained and shall report to the concerned authorities  NCB, Zonal Unit, Mumbai once in a fifteen days. Application is disposed of. (V.M. KANADE J.)