: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 SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO.620 OF 2008 CRIMINAL APPLICATION NO.620 OF 2008 CRIMINAL APPLICATION NO.620 OF 2008 IN IN IN CRIMINAL APPEAL NO.500 OF 2008 CRIMINAL APPEAL NO.500 OF 2008 CRIMINAL APPEAL NO.500 OF 2008 AHMED HUSSAIN AYUB SHAIKH @ BABLOO Indian Inhabitant, Age:42 years, R/o. Banobai Chawl No.3, Room No.53, Sewree Cross Road, Mumbai 400 015 (At present undergoing sentence at Mumbai Central Prison) ...Applicant./ Accused No.1. v. 1. Union of India (Narcotics Control Bureau, Mumbai) 2. The State of Maharashtra ...Respondents. Mr.Ravi Gurnani , adv. for the Applicant. Ms.Revati Mohite-Dere, APP for the Respondent No.1. Mr.A.S.Shitole, APP for the State. CORAM: CORAM: CORAM: R.V.More,J. R.V.More,J. R.V.More,J. DATE: 7th January, 2009. DATE: 7th January, 2009. DATE: 7th January, 2009. P.C. P.C. P.C. 1. Heard Mr.Gurnani the learned counsel for the applicant and Ms.Revati Mohite-Dere the learned APP for the Respondent No.1. 2. This criminal application is taken out for bail pending the final hearing of the Criminal Appeal No.500 of 2008. Applicant original accused no.1 was found guilty for an offence punishable under Section 22(c), :2: 8(c) read with Section 29 of the N.D.P.S.Act and sentenced to suffer R.I. for 14 years and to pay a fine of Rs.1,50,000/- in default of payment of fine to undergo further R.I. for three years. The applicant was taken in custody on 15-7-2001. During the pendency and final disposal of the N.D.P.S. Special Case No.128 of 2001, he was not given bail. Thus, he is in jail for a period more than 7 years. Since the applicant is sentenced to imprisonment for a period of 14 years, he has undergone more than half of the period of imprisonment. 3. Co-accused by name Shaikh Idris Sahibjan @ Iqbal @ Idris was also convicted under the N.D.P.S. Act and sentenced to suffer 10 years of imprisonment. He filed Criminal Appeal No.475 of 2008, which is admitted. He also filed criminal application no.533 of 2008 for bail. The Co-accused is released on bail by this Court by an order dated 9th June, 2008 on the ground that he has undergone half of the period of imprisonment. 4. In view of the above position coupled with the Apex Court’s decision in the case of Mansingh v. Union Mansingh v. Union Mansingh v. Union of India (2006) 1 SCC (Cri) 279 of India (2006) 1 SCC (Cri) 279 of India (2006) 1 SCC (Cri) 279 and especially in view of the fact that the appeal is filed in the year 2008 and it is not possible to hear the same in recent future, in my considered opinion, applicant is entitled :3: for bail. Accordingly I dispose off the criminal application by passing the following order: i. On the applicant depositing his passport, if any, with the NCB, Mumbai, the applicant Ahmed Hussain Ayub Shaikh @ Babloo be released on bail in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one or two sureties to make up the said amount on following conditions: ii. Applicant shall deposit amount of fine within a period of four weeks from today in the trial Court. iii. The applicant shall report to NCB, Ballard Pier, Mumbai twice in a week for a period of six months and thereafter once in a week, till disposal of the appeal. Before being released on bail, the office of NCB, Mumbai shall be informed the address at which the applicant will reside during the period that he is on bail. Any change in address of residence of the applicant, be informed to the office of NCB, Mumbai within a week of said change. 5. Application stands disposed off. :4: (R.V.MORE, J.) (R.V.MORE, J.) (R.V.MORE, J.)