MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1392 OF 2009 IN APPEAL NO. 552 OF 2007 Ousmane Diallo ...Applicant (Orig. Accused) Vs. Union of India through Intelligence Officer Narcotics Control Bureau & Anr. ...Respondents Mr. Sunil Ghadge, Advocate for Applicant Ms. Poornima H. Kantharia for Respondent No.1 (for Union of India) Ms. R.V. Newton, P.P for State of Maharashtra CORAM : SMT. ROSHAN DALVI, J. DATED : 17TH JUNE, 2010 P.C. : 1. The applicant is a foreign national. He was arrested, prosecuted and tried under the NDPS Act. He has been convicted and has been sentenced to imprisonment as well as ordered to pay fine of Rs. 1 lakh. 2. In his Appeal he applied for bail. He has been granted bail in a sum of Rs.2 lakhs with two local sureties of Rs.1 lakh each. He has also been ordered to deposit a fine amount of Rs.1 lakh. 3. He has not deposited the fine amount. He has not offered the surety. He has, therefore, not yet been released on bail. 4. He applied for modification of the order of bail on 26 th November 2009. Modification was refused. 5. He again applies for modification of the order of bail through jail. Advocate on his behalf is appointed. His Advocate contends that he does not have local sureties. He applies for being released on personal bond. 6. The applicant is a foreign national. He is likely to abscond, if released on his personal bond. That application cannot be granted. In fact cash bail cannot also be at present granted because, as pointed out by the learned A.P.P, he has yet not deposited the fine amount also. 7. The application for modification is dismissed. (SMT. ROSHAN DALVI, J.)