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CR.MA/1965/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1965 of 2010
In
CRIMINAL
APPEAL No. 360 of 2010
=========================================================
DEEPAKKUMAR
NAVINCHANDRA TRIVEDI - Applicant(s)
Versus
CENTRAL
BUREAU OF INVESTIGATION & 1 - Respondent(s)
=========================================================
Appearance
:
MR
R J GOSWAMI for
Applicant(s) : 1,
MR Y N RAVANI for Respondent(s) :
1,
MR.D.C.SEJPAL ADDITIONAL PUBLIC PROSECUTOR for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 04/03/2010
ORAL
ORDER
Rule.
Mr. Y.N.Ravani and Mr. D.C.Sejpal, 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 409 and 477(A)
of the Indian Penal Code and under Section 13(2) read with Section
13(1)(c) of the Prevention of Corruption Act. The learned judge has
imposed 3 years rigorous imprisonment and a fine of Rs.3000/- for
each of the said three offences and in default, to undergo one month
rigorous imprisonment. In all, aggregate amount of fine of
Rs.9,000/- has been imposed.
Mr.
R.J.Goswami, 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. 24/2000.
In
view of the above, the applicant is enlarged on bail on his
furnishing personal bond of Rs.5000/- with one surety of the like
amount.
The
applicant shall not leave the State of Gujarat without the prior
permission of the Trial Court concerned.
The
applicant shall deposit his passport, if any, to the Trial Court
concerned.
The
sentence imposed by the learned Special Judge, (CBI) Court No.3,
Mirzapur, Ahmedabad in Special Case No. 24/2000, shall remain
suspended till the final disposal of the appeal.
Rule
is made absolute to the aforesaid extent.
Direct
service is permitted.
(H.B.ANTANI,J.)
GIRISH
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