-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION Cri. APPLICATION NO. 266 OF 2009 Cri. APPLICATION NO. 266 OF 2009 Cri. APPLICATION NO. 266 OF 2009 IN IN IN CRIMINAL APPEAL NO. 1404 OF 2004 CRIMINAL APPEAL NO. 1404 OF 2004 CRIMINAL APPEAL NO. 1404 OF 2004 Anil Kumar Kawindra Rai ¦ .. Applicant. ¦ (Org.accused no.2) V/s. Union of India & Anr. ¦ .. Respondents. (at the instance of superintendent ¦ of Customs Air Intelligence Unit, ¦ Sahar Airport,Mumbai & Anr. ¦ --- Mr. Shankar Dhobale h/f. M/s. Lalla & Lalla for the Applicant. Mr.S.R.Shinde with Mr. S.S.Pednekar with Mr. H.V.Mehta for the Union of India, Respondent no.1. Mr.Y.M.Nakhawa, APP for Respondent-State. --- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 17TH MARCH, 2009 DATED : 17TH MARCH, 2009 DATED : 17TH MARCH, 2009 P.C. : P.C. : P.C. : . Heard the learned counsel for the respective parties. 2. This application is taken out for relaxation of condition regarding report to Air Intelligence Unit, Sahar Airport, Mumbai, once in a month. 3. The applicant is convicted under section 8(c) r/w. -: 2 :- section 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act and sentenced to suffer R.I. for ten years on each count. The appeal is already admitted. The applicant preferred Cri. Application No. 147 of 2007 for enlarging him on bail and this court by order dated 21st of March, 2007 enlarged the applicant on bail on a condition that he will not leave the country without prior permission of the trial court and shall report Air Intelligence Unit, Sahar Airport once in a month and shall keep them informed about his residential address. 4. It is submitted that since last two years, the applicant is regularly reporting Air Intelligence Unit, Sahar Airport as per the above order. It is also submitted that the applicant is infected by the AIDS virus since number of years and the disease has now reached its final stage. It is further submitted that the applicant has a constant complaint of acute body ache, general weakness, cough etc.. and for that purpose he is undergoing treatment at J.J. Hospital, Byculla. In the above circumstances, it is very difficult for the applicant to report Air Intelligence Unit, Sahar Airport, Mumbai once in a month. Mr. Shinde, learned counsel for the respondent no.1 has no objection if the condition regarding reporting to the Air Intelligence Unit once in a month is revoked. He, however, submits that the applicant be directed to -: 3 :- report Air Intelligence Unit, Sahar Airport, Mumbai as and when necessary. In the circumstance mentioned above, I dispose of this application by passing following order : i. The condition that the applicant shall report Air Intelligence Unit, Sahar Airport, Mumbai once in a month is revoked and instead the applicant is directed to report Air Intelligence Unit, Sahar Airport as and when necessary. ii. It is made clear that, except the above modification the rest of the order dated 21st of March, 2007 is not disturbed. iii. Order accordingly. (R.V.MORE,J.) .....