1. Rule.
Mr. H.L. Jani, learned APP waives service of rule on behalf of the State and Mr. Y.N. Ravani, learned Special Counsel for the respondent No.2. Having regard to the facts and circumstances of the case, this application is taken up for hearing today.
2. This is an application preferred by the applicant under Section 389 of the Code of Criminal Procedure seeking bail against the judgment and order of conviction and sentence passed by the learned Special C.B.I. Judge, Court No.4, Ahmedabad in C.B.I. Special Case No.43 of 2005 dated 13.2.2012 by which the learned Judge has convicted the applicant for the offence punishable under Sections 7, 13(1) and 13(2) of the Prevention of Corruption Act to undergo 3 years R.I. with total fine of Rs.10,000/- and in default of the same, to further undergo three months R.I.
3. Learned advocate Mr. R.Z. Shaikh for Mr. M.M. Petiwala for the applicant submitted that the applicant has already paid the fine imposed by the learned Judge. The applicant is a public servant and therefore, his all rights are intact with the Government. He also submitted that the bail of the applicant is going to expire today only.
4. Heard learned special counsel Mr. Ravani and Mr. H.L. Jani, learned APP. They have submitted that the applicant is involved in serious offence and therefore, bail is not required to be granted.
5. Considering the fact that the appeal is arising from the short sentence imposed by the learned Judge and considering the pendency of large number of matters and the applicant being a public servant, his every rights are intact with the Government, I am of the view that during the pendency of the Appeal, the applicant deserves to be enlarged on bail on his furnishing a bond of Rs.5,000/- (Rupees five thousand only) with one surety of the like amount to the satisfaction of the Trial Court on usual terms and conditions.
6. Rule is made absolute to the aforesaid extent. Direct service today is permitted.
(Z.K.SAIYED,J.) ynvyas Top