By way of the present application which has been filed under Section 389 of the Code of Criminal Procedure, the Applicant - original accused No. 2 has prayed to release him on bail during the pendency of the appeal. The appeal is admitted on 16.7.2012.
In the present application, it was found that the accused had not surrendered before the Jail Authority and therefore, after issuing rule in the matter the same was made on returnable today.
Mr.
Pinakin M. Raval, learned advocate appearing for the applicant has produced a certified copy of the order dated 17.7.2012 passed by the Special Judge, Navsari camp at Vansada and by which the custody of the applicant was handed over to the Jail Authority.
Learned Advocate further submits that according to the said order, the accused has surrendered before the Jail Authority on 17.7.2012.
The Applicant is convicted under Section 12 of the Prevention of Corruption Act by judgement and order passed by the Special Judge, Navsari dated 14.6.2012 by which he has been sentenced to undergo one year rigorous imprisonment and a fine of Rs.500/- and in default, one year simple imprisonment.
Looking to the sentence awarded by the Trial Court, the Accused is required to be released on bail on executing a personal bond of Rs,5,000/- with like amount of surety before the Trial Court and on usual terms and conditions, pending hearing and final disposal of this Criminal Appeal.
Rule is made absolute. Direct service is permitted today.
(A.J.DESAI, J.) *fskazi Top