1 Appln 3785-10 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3785 OF 2010 Jalaluddin Ahmed Khalil Ahmed Shah ..Applicant V/s. The State of Maharashtra ..Respondent Mr.Sherali S. Khan, Advocate, for the Applicant Mrs.S.D.Shinde, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 21ST SEPTEMBER, 2010 P.C. . This is an application for bail by a person in C.R.No.II 46 of 2009 for the offence punishable under Section 8(c) read with 20 and 29 of the NDPS Act, 1985 registered with Naupada Police Station, Thane, who was found to be in possession 975 gms of Charas worth Rs.97,500/-. Co-accused, who was found to be in possession 790 gms has been admitted to bail by the Special Judge under the NDPS Act by order dated 9th February, 2010. The 2 Appln 3785-10 applicant was refused bail on the ground that charge has already been framed and case is fixed for hearing. This order was passed on 13th August, 2010. The learned Counsel for the applicant states that he has appeared in the trial Court and the trial has not yet taken off. When co-accused was admitted to bail there is no reason to deny bail to the applicant who is similarly situated. The learned APP states that the applicant is from outside the State and therefore, the chance of his not becoming available for trial is high. This can be taken care of by imposing suitable conditions. 2. In view of this, application is allowed. Applicant be released on P.R.Bond of Rs.20,000/- with one or more solvent sureties in the aggregate sum of Rs.20,000/- on the conditions that he shall not tamper with the prosecution evidence. He shall not leave the jurisdiction of the police station within 3 Appln 3785-10 which jurisdiction he resides without prior permission of the concerned police station officer under intimation to the investigating agency i.e. Naupada police station. He shall attend Naupada Police Station twice a week preferably on Thursday and Sunday 2.00 p.m to 5.00 p.m. till the trial is over. In the event of any breach on his part the prosecution is at liberty to move for cancellation of his bail. (R.C.CHAVAN, J.)