1. Rule.
Mr.K.
P. Raval, learned Additional Public Prosecutor, waives service of notice of Rule on behalf of respondent-State. Mr. Y. N. Ravani, learned advocate, waives service of notice of Rule on behalf of Respondent No.1.
2. By way of present application, filed under Section 389 of the Code of Criminal Procedure, 1973, the applicant has prayed to allow this Criminal Misc. Application by granting bail to the applicant pending appeal against the judgment and order of conviction passed by the learned Special Judge, C.B.I. Court, Mirzapur, Ahmedabad in Special Case No.13 of 2004 on 30th April, 2012 and further prayed to release him on regular bail pending hearing and final disposal of the appeal.
3. The learned Special Judge, C.B.I. Court, Mirzapur, Ahmedabad by his judgment and order dated 30th April, 2012 convicted the applicant for the offences punishable under Section 13(1)(e) read with Section 13(2) Prevention of Corruption Act, 1988 and sentenced him to undergo simple imprisonment for a period of one year and six months, and also imposed fine of Rs.30,000/- (Rupees thirty thousand Only), and in default of payment of fine, sentenced him to undergo simple imprisonment for a further period of three months.
4. Heard Mr. Arsh R. Shaikh, learned counsel for the applicant, Mr. Y. N. Ravani, learned counsel for the Respondent No.1 and Mr.K. P. Raval, learned Additional Public Prosecutor for the respondent-State.
5. It is contended by Mr.Shaikh, learned counsel for the applicant, that the applicant has already paid the fine amount and produced xerox copy of the receipt showing payment. The same is taken on record. He has also contended that the applicant was was released on bail by the Trial Court. It is also contended by Mr.Shaikh that the applicant will be available during the hearing of the appeal. He, therefore, contended that present application may kindly be allowed and applicant may be released on bail pending the appeal.
6. Heard Mr. K. P. Raval, learned Additional Public Prosecutor and also perused the papers produced before me.
7. Looking to the facts of the case, present application is allowed. The applicant is ordered to be released on bail pending the appeal on his furnishing surety of Rs.5,000/- and a personal bond of the like amount and on usual terms and conditions. Bail before the trial Court. Rule is made absolute to the aforesaid extent only. Direct Service is permitted.
(Z.
K. SAIYED, J.) mehul Top