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CR.MA/3129/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3129 of 2010
In
CRIMINAL
APPEAL No. 527 of 2010
=========================================================
PRAVINSINH
NATHUBHA JADEJA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PM THAKKAR WITH MR HN JOSHI for
Applicant(s) : 1,
MR HL JANI APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 31/03/2010
ORAL
ORDER
1. Rule. Learned A.P.P.
Mr.H.L. Jani waives service of Rule on behalf of the
respondent-State. Having regard to the facts and circumstances of the
case, this application is taken up for hearing today.
2. This application is
preferred under Section 389 of the Code of Criminal Procedure, 1973
seeking bail by the applicant, convicted by order dated 23.03.2010
passed by the learned Special Judge, A.C.B. Court, Jamnagar in
Special (A.C.B.) Case No.11 of 1997 and imposed sentence under
Section 7 of the Prevention of Corruption Act for six months’ S.I.
and fine of Rs.500/-, in default, S.I. for one month and under
Section 13(1)(d) read with Section 13(2) of the Prevention of
Corruption Act, S.I. for one year and fine of Rs.1000/-, in default,
S.I. for one and a half month.
3. Learned Senior
Advocate Mr.P.M. Thakkar with Mr.H.N. Joshi for the applicant, at the
outset, submitted that fine imposed by the learned Judge is already
deposited by the applicant.
4. In view of the
aforesaid facts and circumstances, since the appeal is arising out of
short sentence imposed by the learned Judge and considering the
pendency of large number of matters, the applicant, in my view,
deserves to be enlarged on ‘Same Bail Fresh Bond’ and on conditions
that he shall;
(i) not leave the
territorial limits of the State of Gujarat without prior permission
of this Court;
(ii) not involve himself
in such or similar offence hereafter;
(iii) surrender his
passport, if any, before the trial court concerned.
5. In the meanwhile,
judgment and order of conviction and sentence dated 23.03.2010 passed
by the learned Special Judge, A.C.B. Court, Jamnagar in Special
(A.C.B.) Case No.11 of 1997 shall remain suspended during the
pendency and final disposal of the appeal.
6. Rule is made absolute
to the aforesaid extent. Direct service is permitted.
(H.B.ANTANI,
J.)
Hitesh
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