1 crappa-1315-10 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLN. NO. 1315 OF 2010 IN CRI. APPEAL NO. 492 OF 2010 Ajay Kumar Das @ Ajay Nepali ..Applicant Vs. B.S.Muley and Anr. ..Respondents .... Ms. Nilofar Saiyed Adv. for applicant Mr. S.K.Shinde Adv. for respondent no.1 Mr. Rajesh More APP for State .... CORAM : SMT.V.K.TAHILRAMANI, J. DATE : OCTOBER 26, 2010 P.C.: 1 Heard the learned advocate for the applicant-original accused no.5 and the learned APP for the State. 2 The applicant (original accused no.5) has been convicted for an offence punishable under Section 29 read with 8(c) and under Section 21(c) read with Section 8(c) of the NDPS Act and sentenced to suffer RI for a term of ten years. The appeal preferred by him is pending, now the applicant is seeking bail. 2 crappa-1315-10 3 The applicant had earlier preferred an application for bail being Application No. 898 of 2010. In the said application, it was stated that applicant is suffering from H.I.V. A report was called regarding the health of the applicant. Report was received from Chief Medical Officer dated 2.8.2010. The report showed that the applicant is suffering from H.I.V. The said application came to be disposed of on 23.9.2010 without considering the prayer for bail as the appeal was fixed for final hearing on 27.9.2010. This fresh application has been preferred on the ground that the health of the applicant is rapidly deteriorating and CD-4 count of the applicant is falling drastically. Thus this application for bail has been filed on the ground that the applicant is HIV+ve and is seriously ill and would not survive for a long time. 4 Besides the ill-health of the applicant, it is an admitted fact that the applicant has been in custody from 6.6.2005 i.e. he has undergone more than half the period of imprisonment imposed on him. 5 In Ahmed Hussain Ayub Shaikh @ Babloo Vs. Union of India this Court (Coram: R.V.More, J.) by order dated 7.1.2009 in Criminal Application No. 620 of 2008 granted bail to an accused in a case involving commercial quantity under the N.D.P.S. Act on the ground that he has undergone half the period of imprisonment. 6 So also in another case under the N.D.P.S.Act this Court 3 crappa-1315-10 (Coram:Mridula Bhatkar, J.) by order dated 22.7.2009 in Cri. Application No. 1259 of 2008 granted bail to the accused on the ground that he has undergone half the period of imprisonment. 7 Thus in view of above decisions, the period undergone by the accused, the fact that he is suffering from H.I.V. And his current state of health, I am inclined to grant bail to the applicant. Hence, the following order: 1. The applicant Ajay Kumar Das @ Ajay Nepali is directed to be released on bail in the sum of Rs.30,000/- (Rs. Thirty thousand only) with one or more sureties to make up the said amount. 2. Before being released on bail, N.C.B. Mumbai, be informed the address at which the applicant will reside during the period that he is on bail. Any change in address be notified to N.C.B. Mumbai within a fortnight of such change. 3. Application disposed of. [ SMT. V.K.TAHILRAMANI, J.]