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 enlarge him on bail by suspending the conviction and sentence imposed by the learned Special Judge, Amreli in Special Case (ACB) No.16 of 2005 vide order dated 23rd March, 2012 during the pendency and final disposal of the Criminal Appeal.
The applicant was convicted by the learned Special Judge, Amreli in Special (ACB) Case No.16 of 2005 whereby the learned Judge held the applicant guilty for the offences punishable under Sections 7 and 13(1) of the Prevention of Corruption Act, 1988 and ordered to undergo simple imprisonment for a period of one year and fine of Rs.2,500/-, i/d to undergo simple imprisonment for a further period of one month for the offence punishable under Section 7 of the Act. The applicant is also convicted for the offence under Section 13(1)(d) read with Section 13(2) of the Act and ordered to undergo simple imprisonment for a period of one year and fine of Rs.2,500/-, i/d to undergo simple imprisonment for a further period of one month.
Heard Mr.Murli Devnani, learned counsel for the applicant and Mr.H.L. Jani, learned Additional Public Prosecutor appearing for the respondent-State.
It is contended by Mr.Devnani, learned counsel for the applicant, that the applicant has already paid the fine amount and he is released on bail by the learned Judge upto 23rd April, 2012. Copy of said order is produced by Mr.Devnani, which is taken on record. It is also contended by Mr.Devnani 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 Criminal 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