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CR.MA/12065/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12065 of 2011
In
CRIMINAL
APPEAL No. 1052 of 2011
=========================================================
VANMALIBHAI
MOOLJIBHAI PARMAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
BR GUPTA 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.17 of 2002, who is convicted by the
learned Principal District and Sessions Judge, Surat, for the
offence punishable under Sections 13(1)(d) and 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 S.I. for a period of 1 year with
fine of Rs.2,000/- and in default to undergo further 3 months S.I.
Under Section 13(2) of the Prevention of Corruption Act the
applicant is sentenced to undergo S.I. for a period of 2 years with
fine of Rs.3,000/- and in default to undergo further 6 months S.I.
Heard Mr.B. R. Gupta,
learned counsel for the applicant and Mr.H.L.Jani, learned
Additional Public Prosecutor for the respondent-State.
Mr.Gupta 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 Principal District and Sessions Judge, Surat.
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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