1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO. 1339 OF 2009 Mohammad Habib Samad Qureshi .. Applicant Vs State of Maharashtra .. Respondent Mr. Y.Kadam, Advocate for the Applicant. Mr. J.P.Yagnik, APP, for the Respondent. CORAM : D.B.BHOSALE, J. DATE : 10/06/2009 PC: 1. Heard learned counsel for the applicant and learned APP for the respondents. 2. The applicant is seeking bail in C.R.No.337 of 2008 of Anti Narcotic Cell, Mumbai. The said crime has been registered against the applicant under section 8(c) read with section 21 and section 29 of Narcotic Drugs and Psychotropic Substances Act. 3. Counsel for the applicant, at the outset, invited my attention to the order dated 18.9.2009 in Criminal Application No.2958 of 2008 passed by this Court (Smt.V.K.Tahilramani,J.) releasing the co-accused in the instant case on bail and submitted that the applicant is entitled for bail on parity. The T 2 relevant observations in paragraph 3 of the order dated 18.9.2008 read thus: “It is an admitted fact that the applicant was not found in possession of any contraband. There is no recovery at the instance of the applicant. There is no legally admissible material against the applicant. Looking to the material on record, I am inclined to grant bail to the applicant.” Learned APP fairly submitted that there is absolutely no difference between the role attributed to the present applicant and to the applicant in Criminal Application No.2958 of 2008 and that the applicant is entitled for bail on parity. In the circumstances, this application is allowed for the reasons recorded in the aforementioned paragraph 3 of the order dated 18.9.2008. The Applicant-Mohammad Habib Samad Qureshi to be released on bail in the sum of Rs.30,000/- with one or two sureties to make up the said amount, subject to condition that the applicant shall report to Anti Narcotic Cell, Mumbai once in a week till conclusion of the trial. Application is disposed of. (D. B. Bhosale, J.) 3