47. cr appa 1105-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1105 OF 2010 IN CRIMINAL APPEAL NO. 491 OF 2008 Ms. Josephine Funsani .. Applicant Vs Union of India & Anr .. Respondents Mr. Atul Sarpande for the Applicant Mr. S.K. Shinde for Union of India Mr. Rajesh More, APP for the State CORAM : SMT. V.K. TAHILRAMANI, J DATE : 29th OCTOBER, 2010. P.C.: 1. Heard learned advocate for the applicant-original accused and learned APP for the State. 2. The applicant original accused has been convicted under Sections 8(c) read with 21(c), 29 and 23(c) read with 28 of the Narcotic Drugs and Psychotropic Substance Act and sentenced to RI for 10 years. The appeal preferred by her against the said order has been admitted. Now, the applicant is seeking bail. 3. The applicant is a lady. It is stated that the applicant is suffering from cancer and for the said illness, she is being treated by chemotherapy, hence Medical report was 1 47. cr appa 1105-10.doc called by this Court by passing order in the appeal. The report shows that the applicant is suffering from cancer and is required to undergo chemotherapy. The applicant is lodged in Yerwada Central Prison, Pune. She was referred to Sasoon Hospital Pune. As in Sasoon Hospital, there is no facility of chemotherapy, she is required to be sent from Pune to Tata Memorial Hospital, Mumbai for further treatment. The treatment is still going on for which from time to time, she has to be sent from Pune to Tata Memorial Hospital, Mumbai which is a hospital meant only for cancer patients. 4. Moreover, it is seen that the maximum sentence imposed on the applicant is ten years, out of which the applicant has undergone eight years and four months. 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 (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. 2 47. cr appa 1105-10.doc 7. By order dated 26th October 2010 in Criminal Application No. 1315 of 2010, this Court [Coram : Smt. V.K. Tahilramani, J] granted bail to the accused as he was suffering from HIV and he had undergone more than half the period of imprisonment. 8. Thus in view of above decisions, the period undergone by the accused and the fact that she is suffering from cancer and her current state of health, I am inclined to grant bail to the applicant. Hence, the following order: O R D E R 1. The applicant - Josephine Funsani 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. The applicant shall report to N.C.B, Mumbai once in a month till disposal of the appeal. She shall not leave Mumbai without permission of the Court. 2. Application disposed of. [SMT. V.K. TAHILRAMANI, J.] 3 47. cr appa 1105-10.doc 4