1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.976 OF 2010 Shantabai Balu Gaikwad, Age-30 years, Occu-Household, R/o.Priyadarshini Colony, Kamble Galli, Sambhaji Nagar, Jalna, Tq. and Dist. Jalna APPLICANT VERSUS The State of Maharashtra, RESPONDENT Mr.Joydeep Chatterji, learned counsel for applicant. Mr.N.R.Shaikh, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 11/03/2010 PER COURT : 1. By the present application, the applicant has approached this Court for her release on bail, in connection with CR No.6005/2010 registered in Sadar Bazar Police Station, Jalna for the alleged offence punishable u/s. 20(B) of The N.D.P.S. Act. 2. Heard learned counsel for applicant and learned APP for State. 3. The applicant came to be arrested in connection with this offence on 28/01/2010 and charge sheet is filed in the said N.D.P.S. 2 special case on 26/02/2010. As 30 kg. ganja was recovered during the raid from the residential premises of applicant, the application for bail moved before the Special court was refused, hence this application. 4. During the course of submissions, it is contended that applicant is not entitled to be released on merit, but on exceptional circumstances, as the applicant is HIV positive patient and is under treatment in the Government Medical College and Hospital, Aurangabad and her condition is very critical and at any point of time, anything may happen, bail to be granted. Considering this statement, learned APP was directed to call for the report about the physical condition of the applicant from the concerned medical hospital. Today the report is received from the Government Medical Hospital, wherein it is stated that the patient is suffering from retro viral disease with septicemia and her condition is very poor. Generally in N.D.P.S. cases, where the contraband in large quantity was recovered from the possession of concerned or at the instance of the concerned, no bail to be granted. But this case is an exception and on medical ground, the application to be considered. It is hereby made clear that even though, in this case, court is passing the order to enlarge the applicant on bail, this is an exceptional case and not as a rule. In the premise, following is the order : O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing surety in the sum 3 of Rs.20,000/- and on executing PR bond in the like amount. 3. After released on bail, applicant not to leave local jurisdiction of Sadar Bazar Police Station of Jalna, during the pendancy of Special Case No.4/2010, pending on the file of Special Judge, Jalna. 4. In case, application is moved on behalf of the applicant before the Special Judge, that she require to shift to Aurangabad for her medical treatment, the application to be considered by the Special Judge on production of proper medical papers. 5. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/MAR 2010/cri.appl.976-10