1 Amk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 822 OF 2009 IN CRIMINAL APPEAL NO. 646 OF 2009 Sardar Wali Mohammad .. Applicant Vs. Union of India & Anr. .. Respondents Mr. Lalla i/b Lalla & Lalla for the Applicant Mr. D. N. Salvi for respondent No.1. Mr. D. R. More APP for the State CORAM : SMT. R. S. DALVI, J. DATE : 12th November, 2009. P. C.: 1. This appeal is filed against the conviction under NDPS Act. The applicant has been convicted and sentenced to suffer Rigorous Imprisonment for 10 years. The applicant is shown to be a supplier of contraband goods in the prosecution case. Pursuant to certain bank entries, for which there is a presumption of correctness under Bankers’ Book Evidence Act, the applicant is seen to have financed the person who was in possession of the contraband. No case for bail is made out after the conviction. 2. The applicant was taken in custody on 06.04.2005. He has remained in custody since then. The applicant will complete half 2 the sentence awarded, on 06.04.2010. The advocate for the applicant prays for his release, since almost half the sentence has been served. 3. The practice of releasing person convicted of offences under the NDPS Act on the premise that they have served half the sentence has been frawned upon by the Apex Court. In any event the applicant has no legal right to be released per se because half the sentence is served. It is only due to arrears of Criminal Appeals in the Court which cannot reach within a short time that this practice had developed to grant such applicants their liberty. 4. However, the Hon’ble Supreme Court has allowed the persons in custody even after conviction, to be released on bail after at least half the sentence is served. Hence, to release on bail after half the sentence is served is under constraint and/or mercy because the appeal of the applicant may not be taken up by the Court due to arrears within a short time. Under these circumstances, the case for making an application for bail would arise only after half the sentence is actually served. It is not for the Courts to make arithmatical calculations as to when half sentence would be served or take into account any expected remissions from the sentence for suspending the sentence awarded upon trial. 3 5. Consequently this application is premature. The application is rejected as totally devoid of merits and as it is premature. (R. S. DALVI, J.)