- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.162 OF 2008 APPLICATION NO.162 OF 2008 APPLICATION NO.162 OF 2008 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPEAL NO.758 OF 2002 APPEAL NO.758 OF 2002 APPEAL NO.758 OF 2002 Alex Leasley Elenco ...Applicant vs. Union of India and anr. ...Respondents Mr.A.J.Lalla i/b M/s.Lalla & Lalla for the applicant Mr.Y.S.Shinde A.P.P. for State Ms Revati Mohite-Dere for Respondent No.1. CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : JULY 31,2008 : JULY 31,2008 : JULY 31,2008 P.C.: P.C.: P.C.: 1. In view of the order dated 23rd April 2008 passed by this court (Coram: Smt.Tahilramani,J.), this application has been placed before this court. The Applicant has preferred an appeal against the conviction of the Applicant for various offences under the Narcotic Drugs and Psychotropic Substances Act, 1985. The substantive sentence is R.I. for 10 years. The fine amount has been fixed at Rs.1,00,000/-. It is not in dispute that the Applicant is in custody from 3rd May 1999 and thus he has completed more than 9 years in the custody. Bail is sought by relying upon the various decisions of the Apex Court as well as this court by contending that the Applicant has practically undergone the entire substantive sentence. It is stated that though the Applicant has moved the concerned court taking up Appeals for final hearing,till today the Appeal has not been placed on final hearing board. The submission is that considering the pendency of very old Appeals in this Court, it is not likely that the Appeal will - 2 - be heard in near future. 2. Reliance has been placed on the decision of the Apex Court in the case of Mansingh Vs. Union of India [2006 1 SCC (Cri) 279] as well as the decision in case of Vijaysingh Chandubha Jadeja vs. State of Gujrat [(2007) 1 SCC (Cri) 370]. It is submitted that as the Appeal is not likely to be heard before the period of substantive sentence is over, the Applicant is entitled to be enlarged on bail. 3. My attention has been invited to the judgment and order dated 14th March 2008 passed by this court in Criminal Application No.1381 of 2006. Relying upon the aforesaid decision of the Apex Court, in case of Mansingh (supra) this court granted bail in a similar case. Paragraphs 2 to 4 of the said decision of the Apex Court in the case of Mansingh (supra) read thus : "2) The appellant has been held guilty of the offence punishable under Sections 8/18 and 8/15 of the Narcotic Drugs and Psychotropic Substances Act,1985 and directed to undergo rigorous imprisonment for 10 years with a fine of Rs.1 lakh on each count. 3) The appellant has been in jail since 1-3-1997 and has already undergone more than seven years of imprisonment. It is stated by the learned counsel for the appellant that there is no likelihood of the appeal being heard in - 3 - the near future. Reliance is placed on the decision of this Court in Dadu V. State of Maharashtra [(2000) 8 SCC 437]. The learned counsel for the appellant states that the appellant is prepared to deposit the amount of fine. 4) The appeal is allowed. It is directed that on the appellant depositing the amount of fine, the execution of the sentence of imprisonment shall remain suspended during the hearing of the appeal by the High Court and the appellant shall be released on bail to the satisfaction of the trial court for appearance consistently with the judgment of the High Court." 4. In the circumstances, considering the fact that the Applicant has spent more than 9 years in custody, a case is made out for grant of bail subject to complying with the stringent conditions. Hence, I pass the following order : i) The Applicant shall be enlarged on bail subject to furnishing a personal bond of Rs.50,000/- with two solvent sureties in the like amount. ii) The Applicant shall be enlarged on bail only after entire fine amount is deposited by him. iii) The order granting bail shall be given effect to only the Applicant furnishes his detailed address of the place where he proposes to stay after he is enlarged on bail. - 4 - iv) Bail is granted subject to the condition that the Applicant will report to the office of Narcotic Drugs Control Bureau at Mumbai once in every fortnight till the disposal of the Appeal. v) Application is disposed of in above terms. vi) The parties to act upon an authenticated copy of this order. JUDGE JUDGE JUDGE