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CR.MA/12067/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12067 of 2011
In
CRIMINAL
APPEAL No. 1053 of 2011
=========================================================
CHAMANBHAI
DALABHAI RANA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
KB ANANDJIWALA for
Applicant(s) : 1,
MR HL JANI, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 25/08/2011
ORAL ORDER
Rule.
Mr.H. L. Jani, learned Additional Public Prosecutor, waives
service of Rule on behalf of the respondent-State.
The applicant-original
accused of Special (ACB) Case No.2 of 2007, who is convicted by the
learned Special Judge (ACB), Patan, for the offence punishable under
Sections 7, 13(1)(d) read with 13(2) of the Prevention of Corruption
Act, has filed the present application for bail. Under Section 7 of
the Prevention of the Corruption Act the applicant is sentenced to
undergo R.I. for a period of 4 years with fine of Rs.5,000/- and in
default to undergo further 6 months S.I. Under Section 13(1)(d) read
with 13(2) of the Prevention of Corruption Act the applicant is
sentenced to undergo R.I. for a period of 5 years with fine of
Rs.10,000/- and in default to undergo further 6 months S.I.
Heard Mr.K.B.Anandjiwala,
learned counsel for the applicant and Mr.H.L.Jani, learned
Additional Public Prosecutor for the respondent-State.
Mr.Anandjiwala has
contended that the applicant is a public servant and he will be
available during hearing of the appeal. He has contended that fine
amount is already deposited. He has, therefore, contended that the
application may kindly be allowed by releasing the applicant on bail
pending the appeal.
I have gone through the
papers produced before me as well as the judgment and order passed
by the learned Special Judge (ACB), Patan.
Looking to the facts of
the case, I am of the opinion that this is a fit case to grant the
bail to the applicant. Hence, the applicant is ordered to be
released on bail pending hearing and disposal of the main appeal on
his furnishing a personal bond of Rs.10,000/- and a surety of the
like amount on usual terms and conditions. Rule is made absolute to
the aforesaid extent. Direct service is permitted.
(Z.
K. SAIYED, J)
kks
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