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CR.MA/11964/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11964 of 2010
In
CRIMINAL
APPEAL No. 1704 of 2010
=========================================
VITTHALBHAI
MADHABHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
VM PANCHOLI for Applicant(s) : 1,
MR HH PARIKH ADDITIONAL PUBLIC
PROSECUTOR for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 06/10/2010
ORAL
ORDER
1. Rule.
Mr. Parikh, 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), Kheda at Nadiad in Special A.C.B. Case No.14 of 2005 dated
28.9.2010 by which the learned Judge has convicted the applicant for
the offence punishable under Sections 7 of the Prevention of
Corruption Act to undergo 4 years R.I. with total fine of Rs.20,000/-
and in default of the same, to further undergo R.I. for one year and
also sentenced the applicant to undergo four years R.I. and fine of
Rs.20,000/-, in default, to undergo one year R.I. for the offence
under Sections 13(1) (d) of the Act.
3. Learned
advocate Mr.Pancholi 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 considering the pendency of large number of
matters, I am of the view that the applicant deserves to be enlarged
on bail on his furnishing a bond of Rs.10,000/- (Rupees ten thousand
only) with one surety of the like amount to the satisfaction of the
Trial Court and subject to the conditions that :-
(i) The
applicant shall not leave the territorial limits of the State of
Gujarat without prior permission of this Court.
(ii) The
applicant shall not involve himself in such or similar offence
hereafter.
(iii) The
applicant shall surrender his passport, if any, before the Trial
Court concerned.
4. In
the meanwhile, the the substantive sentence imposed by the learned
Special Judge (ACB), Kheda at Nadiad in Special A.C.B. Case No.14 of
2005 dated 28.9.2010 shall remain suspended during pendency and final
disposal of the appeal.
5. Rule
is made absolute to the aforesaid extent.
Direct
service is permitted.
(Z.K.SAIYED,
J.)
ynvyas
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