Rabindrakumar Gangadayal Kumbaj vs State of Gujarat

Honourable Mr. Justice M.R. Shah

Present Criminal Miscellaneous Application u/s 389 of the Code of Criminal Procedure, 1973 has been preferred by the applicant - original accused who has been convicted for the offence under Sections 7 and 13(1)(d) and 13(2) of the Prevention of Corruption Act (hereinafter referred to as "PC. Act") and is sentenced to undergo six months'' RI for the offence u/s 7 of the PC. Act and for the period of one year''s RI for the offence under Sections 13(1)(d) and 13(2) of the PC. Act and with fine to suspend the sentence and to release him on bail. Shri Goswami, learned advocate appearing on behalf of the applicant - original accused has submitted that applicant has already surrendered and is in jail till 31.08.2012. It is submitted that it is a short sentence matter and there are least possibilities of disposing of the Appeal within short time. He has also stated at the Bar that as such applicant is not a public servant now as he is already dismissed from service and therefore, there is no possibility of indulging into similar activity again. It is submitted that the applicant is permanently residing in the State of Gujarat. Therefore, he has requested to suspend the sentence and release the applicant on bail even by imposing suitable conditions so that in case the Appeal is dismissed and he has to surrender and undergo the sentence, he is available in future. Ms. CM. Shah, learned APP has though tried to oppose the present application by submitting that as such the application has been convicted for the offence under the PC. Act, however, considering the short sentence and there is no possibility to decide the Appeal within short time, she has requested to pass appropriate order on suitable conditions.

Heard Shri Goswami, learned advocate appearing on behalf of the applicant Considering the fact that the applicant has already surrendered on 31.08.2012 to undergo the sentence and that the applicant is already dismissed from service and therefore, there is no possibility of again indulging into similar activity by the applicant and considering the fact that it is a short sentence matter and the Appeal is not likely to be heard within short time, applicant can be released on bail on suitable conditions. In view of the above and for the reasons stated above, present application succeeds and the applicant is ordered to be released on bail on furnishing security for an amount of Rs. 25,000/- to the satisfaction of the trial Court and on furnishing the surety of the like amount of a person who is permanent resident of the State of Gujarat and on condition that the applicant shall not shift permanently residence to another State without the prior permission of this Court and if any such necessity arise, he shall take the prior permission of this Court. Rule is made absolute accordingly. Direct service is permitted.