R.P DHOLARIA, J.

ORDER IN CRIMINAL APPEAL

1. Heard. Admit.

ORDER IN CRIMINAL MISC. APPLICATION

2. Mr. K.P Raval, learned APP waives service of notice of admission for and on behalf of the respondent No. 1-State. Mr. R.C Kodekar, learned advocate waives service of notice of admission for and on behalf of the respondent No. 2-CBI.

ORDER IN CRIMINAL MISC. APPLICATION

3. RULE. Mr. K.P Raval, learned APP waives service of notice of Rule for and on behalf of the respondent No. 1-State. Mr. R.C Kodekar, learned advocate waives service of notice of Rule for and on behalf of the respondent No. 2-CBI.

4. It appears that the applicant was convicted by the learned Special Judge (CBI), Court No. 9, at Mirzapur, Ahmedabad in CBI Special Case No. 5 of 2009, for the offence punishable under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 and Section 109 of the Indian Penal Code, and sentenced him to undergo simple imprisonment for two years and to pay fine of Rs. 5,000/-, in default to undergo simple imprisonment for one month and all the sentences were ordered to run concurrently.

5. Heard Mr. Ashish Dagli, learned advocate appearing on behalf of the applicant, M