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CR.MA/3062/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3062 of 2010
In
CRIMINAL
APPEAL No. 508 of 2010
=========================================================
GOVINDBHAI
RATILAL PARMAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ASHISH M DAGLI for
Applicant(s) : 1,
MR.D.C.SEJPAL, ADDITIONAL PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 30/03/2010
ORAL
ORDER
Rule.
Mr. D.C.Sejpal, learned Additional Public Prosecutor, waives service
of Rule on behalf of respondent-State. 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 7 and 13(1)(2)
of Prevention of Corruption Act-1988. The learned Judge imposed
sentence under Sections 7 of Prevention of Corruption Act-1988 for
one year rigorous imprisonment and fine of Rs.500/- (Rupees Five
Hundred Only), in default, rigorous imprisonment for two months and
for the offence punishable under Section 13(1)(2) of Prevention of
Corruption Act-1988, two years rigorous imprisonment and fine of
Rs.1000/- (Rupees One Thousand Only), in default, rigorous
imprisonment for three months has been imposed.
MR
Ashish M. Dagli,
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 and Additional Sessions Judge, Bhavnagar,
dated 11/03/2010 in Special Case No. 10/2000.
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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