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CR.MA/5055/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5055 of 2010
In
CRIMINAL
APPEAL No. 788 of 2010
=====================================================
MAHESHBHAI
MOHANLAL PATHAK - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=====================================================
Appearance
:
MR
EKANT G AHUJA for Applicant(s) : 1,
MR DC SEJPAL ADDITIONAL PUBLIC
PROSECUTOR for Respondent(s) :
1,
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 12/05/2010
ORAL
ORDER
1. Rule.
Mr. D.C. Sejpal, 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
(ACB), City Sessions Court, Ahmedabad in Special (ACB) Case No.6 of
2000 dated 4.5.2010 by which the learned Judge has convicted the
applicant for the offence punishable under Section 7 and 13(2) read
with Section 13(1)(d) of the Prevention of Corruption Act and imposed
the sentence of S.I. for one year and to pay a fine of Rs.1,000/-, in
default, to further undergo one month S.I.
3. Learned
advocate Mr. Ahuja 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 the pendency of large number of matters, I am
of the view that the applicant deserves to be enlarged on same bail
fresh bond on usual terms and conditions.
4. In
the meanwhile, the substantive sentence imposed by the learned
Special Judge (ACB), City Sessions Court, Ahmedabad in Special (ACB)
Case No.6 of 2000 dated 4.5.2010 shall remain suspended during
pendency and final disposal of the appeal.
5. Rule
is made absolute to the aforesaid extent.
Direct
service is permitted.
(H.B.ANTANI,
J.)
ynvyas
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