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CR.MA/2017/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2017 of 2010
In
CRIMINAL
APPEAL No. 372 of 2010
=========================================================
BABULAL
PIRAJI DAGLA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
RAJESH K KANHERRE for
Applicant(s) : 1,
MR.H.L.JANI, ADDITIONAL PUBLIC PROSECUTOR for
Respondent(s) : 1,
MR YN RAVANI for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 04/03/2010
ORAL
ORDER
Rule.
Mr. H.L.Jani and Mr. Y.N.Ravani waive service of rule on behalf of
respondent nos.1 & 2, respectively. Having
regard to the facts and circumstances of the case, the application
is taken up for hearing today.
This
is an application preferred under Section 389 of the Criminal
Procedure Code, seeking bail for the applicant who has been
convicted for the offence punishable under Sections 420, 467, 468
read with Section 477 of the Indian Penal Code and under Section
13(2) read with Section 13(1)(d) of the Prevention of Corruption
Act,1988. The learned Judge has imposed 3 years rigorous
imprisonment and a fine of Rs.2000/- for each of the said offences
and in default, to undergo one month rigorous imprisonment. In all,
aggregate amount of fine is Rs.8,000/-.
MR
Rajesh K Kanherre, learned advocate for the applicant
submitted that amount of fine is already paid. Considering the
averments made in the application as well as submissions canvassed
by the learned counsel for both the sides, I am of the view that the
applicant requires to be enlarged on bail as the matter is arising
out of short sentence imposed by the learned Special Judge, (CBI)
Court No.3, Mirzapur, Ahmedabad in Special Case No. 31/1992.
In
view of the above, the applicant is ordered to be enlarged on bail
on his furnishing personal bond of Rs.5000/- with one surety of the
like amount, on the conditions that:-
(I)
The applicant shall not leave the State of Gujarat without the prior
permission of the Trial Court concerned.
(II)
The applicant shall deposit his passport, if any, before the Trial
Court concerned.
The
operation and implementation of the impugned judgment shall remain
under suspension during the pendency of the appeal.
Rule
is made absolute to the aforesaid extent.
Direct
service is permitted.
(H.B.ANTANI,J.)
GIRISH
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