RANCHHODBHAI HARJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. Harshit Tolia, learned advocate for the appellant. Mr. Harshit Tolia submitted that the present appeal is preferred by the appellant-accused being aggrieved by the order passed by the Special Judge (ACB), Rajkot on 09.06.2020 convicting the appellant-accused for the offence under section 7 of the Prevention of Corruption Act to undergo simple imprisonment for a period of one year with fine of Rs.3000/- and in default, further simple imprisonment for a period of one month. Further, the appellant-accused is convicted under section 13(1)(d) read with section 13(2) of the Prevention of Corruption Act to undergo simple imprisonment for a period of two years with fine of Rs.5000/- and in default, further simple imprisonment for a period of three months. The sentences are ordered to be run concurrently.

(2.) The present application is filed by the applicant-accused for suspension of sentence imposed by the learned Special Judge (ACB), Rajkot vide order dated 09.06.2020 passed in Special (ACB) Case No.1 of 2003 and to grant bail pending the Criminal Appeal.

(3.) Mr. Harshit Tolia, learned advocate for the applicant-appellant stated that the applicant is aged about 75 years and suffering from various ailments. The wife of the applicant is aged about 69 years. Mr. Tolia submitted that the incident is 17 years old and there is no previous antecedent and the fine as ordered by the trial Court Judge, has been paid. The allegations of demand of bribe money was made by overseer Mr. Vyas, whose name is reflected in the judgment of the trial Court, for preparation of bills. Mr. Tolia also submitted that the bills and other documentary evidences were not part of the chargesheet. Mr. Tolia further submitted that there are discrepancies in the place of raid, further, first part of the panchnama does not show any sign of anthracene powder thus, there are possibility that no such mark of anthracene powder would have been seen during the second part of the panchnama. Learned advocate Mr. Tolia also submitted that genesis of the case has not been proved. Taking into consideration age of the applicant-accused and facts of the panchnama, he prayed for suspension of sentence and to grant bail to the applicant during the appeal period.