By way of present application, filed under Section 389 of the Code of Criminal Procedure, 1973, the applicant has prayed to release the applicant on bail during the pendency of the appeal by suspending the sentence imposed upon him vide judgment and order dated 20th April, 2011 passed by the learned Special Judge and 6th Additional District and Sessions Judge, Banaskantha at Palanpur, in Special Case No. (A.C.B.) 108 of 2008.
The learned Special Judge and 6th Additional District and Sessions Judge, Banaskantha at Palanpur, by his judgment and order dated 20th April, 2011 convicted the applicant for the offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act.
Heard Mr.Yogesh Lakhani, learned senior counsel with Mr.Pravin Gondaliya, learned counsel for the applicant and Mr.H.L. Jani, learned Additional Public Prosecutor for the respondent-State.
Mr.Lakhani has contended that the applicant was on bail during the trial and he has not misused his liberty granted by the Court. He has also contended that amount of fine has also been paid by the applicant. Mr.Lakhani further contended that the applicant has served the department for more than 25 years and having blotless career. The applicant is a permanent resident of Palanpur and he will be available during the course of hearing. He, therefore, contended that present application may kindly be allowed and the applicant may be released on bail during the pendency of appeal.
I have gone through the papers produced before me as well as the judgment and order of conviction passed by the learned Special Judge and 6th Additional District and Sessions Judge, Banaskantha at Palanpur.
Looking to the facts of the case, I am of the opinion that this is a fit case to suspend the sentence awarded to the applicant. Hence, the present application is hereby allowed. The substantive sentence is suspended pending hearing and disposal of the main appeal and the applicant is hereby ordered to be released on bail on his furnishing surety of Rs.10,000/- and a personal bond of the like amount on usual terms and conditions. Rule is made absolute to the aforesaid extent.
Direct Service is permitted.
(Z.
K. Saiyed, J) Anup Top