-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPLLATE JURISDICTION Criminal Application No. 498 of 2007 in Criminal Appeal No. 349 of 2007 Zakir Hunain Khan Mevati ..Applicant vs. 1. Nitin V.Halgaonkar and another ..Respondents Shri S.S.Khan for applicant Smt.P.S.Kantharia, A.P.P. for respondents. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 15th January, 2008 15th January, 2008 15th January, 2008 P.C. P.C. P.C. 1. This applicatin for bail is in an appeal. The appeal is already admitted. 2. My attentin is invited by the learned Advocate for the applicant to an order dated 11th April, 2007 in Criminal Application No. 256 of 2007 in Criminal Appeal No. 88 of 2007. This application is by the co-accused Rajkumar. This Court on 11th April, 2007 has released the said Rajkumar on bail. The said Rajkumar has been released on bail in the sum of Rs.1,00,000/- and by imposing upon him conditions as more particularly stipulated in the said order. -2- 3. The applicant states that he is co-accused and on the ground of parity the application of the present applicant may be granted. 4. Smt.Kantharia, learned counsel appearing for the Narcotics Control Bureau, invites my attention to the fact that if the applicant is released on bail he may abscond and may not be available at the time of final hearing. Further, she does not dispute that the co-accused has been enlarged on bail. She also invites my attention to para 3 of the affidavit so also the fact that the leave application against the order of acquittal of the present accused on the other charges is also pending. 5. In my view, the grounds indicated in the affidavit are not enough to deny bail. This Court has observed that even if the Fiat car is seized and the cash amount of Rs.15,00,000/- is found therein, nothing has been recovered from the present accused. There is no contraband involved nor any drugs have been seized. In such circumstances, on the ground of parity and for reasons assigned by this Court in the case of co-accused, the present applicant deserves to -3- be enlarge don bail. Hence, the following order. 6. Pending hearing and final disposal of the appeal the applicant is granted bail in the sum of Rs.1,00,000/- (Rupees one lac) only with one solvent surety in the like amount with conditions that he shall deposit fine amount and shall also report at the office of Intelligence Officer, N.C.B.,Mumbai on 1st and 15th day of every month till disposal of the appeal. He shall not misuse the bail. 7. Application is disposed of. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)