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TMI Blog2007 (6) TMI 568X X X X Extracts X X X X X X X X Extracts X X X X ..... at the applicant-accused No. 1 is guilty of the charge of offence punishable under Section 12 and under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act. 2. The accused was on bail pending trial and learned Judge after recording conviction has convicted the present applicant for the offence punishable under Section 13(1)(d) and 13(2) of the Prevention of Corruption Act and sentenced him to undergo rigorous imprisonment for two years and to pay a fine of ₹ 2,000/- (Rupees Two Thousand Only), in default of payment of fine to undergo six months simple imprisonment. No separate sentence has been awarded for the offence punishable under Section 7 of the Prevention of Corruption Act. Rule. Mr. Desai, learned A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so that he can prefer the appeal and pray for bail before the appellate Court. 4. It is not a privilege or right of accused to get bail in non-bailable/ cognizable offences. However, it is the privilege of the accused to pray for bail pending the trial under the scheme of Section 437 and/or 439 of the Code of Criminal Procedure. In a given case, the applicant-accused can get anticipatory bail under the scheme of Section 438 of the Code of Criminal Procedure. When the accused was held entitled to get the bail pending, the trial under the scheme of Section 437 of the Code and when the quantum of punishment is undisputedly less than three years, then there is very little scope to reject the bail plea on conviction. The learned trial Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ying bail pending the trial. There is no question of suspension of order of conviction nor it was prayed before the trial Court. On the contrary, this Court is inclined to observe that it is the privilege of the accused to insist for bail even after the order of conviction and sentence under Sub-section (3) of Section. 389 of the Code of Criminal Procedure, if the amount of fine has been paid and quantum of punishment is less than three years especially when there is no other reasons to refuse the discretionary relief. Though, the relief that can be granted under Sub-section (3) of Section 389 of the Code is crucial, but the learned trial Judge has to play a very little role while dealing with the bail plea in a case where the accused was a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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