Rule.
Mr.H.L. Jani, learned Additional Public Prosecutor, waives service of notice of Rule on behalf of respondent-State.
By way of present application the applicant has prayed to release the applicant on bail pending the Criminal Appeal No.439 of 2012 by suspending the sentence imposed upon the applicant for the offence under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 in Special ACB Case No.20 of 2004 passed by the learned Special Judge (ACB) and 7th (Ad-hoc) Additional Sessions Judge, Surat.
The applicant was convicted by the learned Special Judge (ACB) and 7th (Ad-hoc) Additional Sessions Judge, Surat and ordered to undergo rigorous imprisonment for a period of one year and fine of Rs.3,000/-, in default, to undergo rigorous imprisonment for a further period of one month for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988. The applicant was also convicted for the offence under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 for two years' rigorous imprisonment and fine of respondent-State.5,000/-, in default of payment of fine, three months' rigorous imprisonment.
Heard Ms.Kruti Shah, learned counsel for the applicant and Mr.H.L. Jani, learned Additional Public Prosecutor appearing for the respondent-State.
It is contended by Ms.Shah, learned counsel for the applicant, that the applicant has already paid the fine amount and he is released on bail for 30 days by the learned Judge. It is also contended by Ms.Shah that looking to the provision of Section 389 of the Code of Criminal Procedure, when the applicant is convicted for less than three years, he may be released on bail pending the Appeal.
Heard Mr.H.L. Jani, learned Additional Public Prosecutor and also perused the papers produced before me.
Looking to the facts of the case, present application is partly allowed. The applicant is ordered to be released on bail pending the Appeal on his furnishing surety of Rs.05,000/- (Rupees Five Thousand Only) and a personal bond of the like amount on usual terms and conditions. Bail before the trial Court. Direct Service is permitted.
(Z.
K. Saiyed, J) Anup Top