1. Rule.
Mr. Jani, learned APP waives service of rule on behalf of the State. 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 Judge (ACB), Narmada, At Rajpipla, in Special ACB Case No.2 of 2011 dated 23.1.2012 by which the learned Judge has convicted the applicant for the offence punishable under Section 7 of the Prevention of Corruption Act to undergo S.I. for one year with fine of Rs.1000/- and in default of the same, to further undergo S.I. for one month. Learned Special Judge has also convicted the applicant for the offence punishable under Sections 13(1)(Gh) and 13(2) of the Prevention of Corruption Act, to undergo S.I. for two years and fine of Rs.1000/-, in default, to further undergo S.I. for one month.
3. Learned advocate for the applicant submitted that the applicant has already paid the fine imposed by the learned Special Judge. The applicant was on bail and now order of conviction and sentence passed by the learned Special Judge is suspended upto 23.2.2011.
4. 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 fact that the applicant is convicted under the provisions of Prevention of Corruption Act and he is public service, his all rights are intact with the Government, I am of the view that the applicant deserves to be enlarged on bail on his furnishing a bond of Rs.10,000/- (Rupees five thousand only) with one surety of the like amount to the satisfaction of the Trial Court
5. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(Z.K.SAIYED,J.) ynvyas