Gujarat High Court Case Information System
Print
CR.MA/14905/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14905 of 2010
In
CRIMINAL
APPEAL No. 2055 of 2010
=========================================
MAFAJI
VADANSINGH THAKOR (RATHOD) - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR
VIJAY H NANGESH for Applicant(s) : 1,
MR HL JANI ADDITIONAL PUBLIC
PROSECUTOR for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 10/12/2010
ORAL
ORDER
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
and 3rd Additional Sessions Judge, Banaskantha – Palanpur
in Special (ACB) Case No.139 of 2004 dated 26.11.2010 by which the
learned Judge has convicted the applicant for the offence punishable
under Section 7 of the Prevention of Corruption Act, 1988 to undergo
1 year R.I. and to pay a fine of Rs.5000/-, in default, further S.I.
for three months and for the offence punishable under Section 13(2)
of the Act, the applicant to undergo two years R.I. with a fine of
Rs.5000/-, in default, further S.I. for three months.
3. Learned
advocate Mr. Nagesh for the applicant submitted that the applicant
has already paid the fine imposed by the learned Judge. 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, I am of the view that the applicant deserves to be enlarged
on bail on his furnishing a bond of Rs.10,000/- (Rupees Ten thousand
only) with one surety of the like amount to the satisfaction of the
Trial Court and subject to the conditions that :-
(i) The
applicant shall not leave the territorial limits of the State of
Gujarat without prior permission of this Court.
(ii) The
applicant shall not involve himself in such or similar offence
hereafter.
(iii) The
applicant shall surrender his passport, if any, before the Trial
Court concerned.
4. Rule
is made absolute to the aforesaid extent.
Direct
service is permitted.
(Z.K.SAIYED,J.)
ynvyas
Top