Rule.
Mr.H.L.Jani, learned Additional Public Prosecutor, waives service of Rule on behalf of the respondent-State.
The applicant-original accused of Special A.C.B. Case No.2 of 2009, who is convicted by the learned Special Judge, (A.C.B.) Narmada, Post Rajpipla, for the offence punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, has filed the present application for bail. The applicant is sentenced to undergo S.I. for a period of 1 year with fine of Rs.1,000/- and in default to further undergo 1 month S.I. under Section 7 of the Prevention of Corruption Act and S.I. for a period of 2 years with fine of Rs.1,000/- and in fault to further underto 1 month S.I.
Heard Mr.Harish Soni, learned advocate appearing for Mr.P.P.Majmudar, for the applicant and Mr.H.L.Jani, learned Additional Public Prosecutor for the respondent-State.
Mr.Harish Soni has read judgment and order passed by the learned Judge and submitted that the applicant is granted bail by the learned Judge upto dated 16.1.2012. He has further submitted that the applicant is a public servant and he will be available during the hearing of the appeal. He has, therefore, submitted that the applicant may be granted bail.
Mr.H.L.Jani, learned APP for the respondent - State has read judgment and order passed by the learned Judge and vehemently opposed bail of the present applicant.
I have gone through the papers produced before me as well as the judgment and order passed by the learned Special Judge, (A.C.B.) Narmada, Post Rajpipla. When the presence of the applicant is available during the hearing of appeal, I am of the opinion that this is a fit case to grant bail to the applicant. Hence, the applicant is ordered to be released on bail pending hearing and disposal of the main appeal on same bail fresh bond. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(Z.
K. SAIYED, J) kks