Single judge order granting regular bail to applicant No. 7 (a lady accused) in a wildlife offence case where investigation was concluded. Bail granted on personal bond of Rs. 10,000 with one surety and specific conditions.
Applicant No. 7 Maniben Habibbhai Parmar to be released on regular bail on personal bond of Rs. 10,000 with one surety.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R/CR.MA/7982/2021 ORDER DATED: 04/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 7982 of 2021
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HABIB SHAMSHERBHAI PARMAR
Versus
STATE OF GUJARAT
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Appearance:
MR NK MAJMUDAR(430) for the Applicant(s) No. 1,2,3,4,5,6,7 MR. H.K. PATEL, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 04/10/2021
ORAL ORDER
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R/CR.MA/7982/2021 ORDER DATED: 04/10/2021
bail by imposing suitable conditions.
Following aspects are considered for the applicant No.7 :-
I) The F.I.R. is registered on 03-02-2021 for the offence which is alleged to have taken place on 03-02-2021;
II) The applicant is in custody since 04-02-2021;
III) Investigation is concluded and charge-sheet is filed;
IV) Learned Advocate for the applicant submitted that the applicant is a lady accused.
V) Learned Advocate for the applicant submitted that considering the maximum sentence that can be imposed;
VI) Learned Additional Public Prosecutor under the instructions of the Investigating Officer is unable to bring on record any special circumstances against the applicant.
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R/CR.MA/7982/2021 ORDER DATED: 04/10/2021
(a) not take undue advantage of liberty or misuse liberty;
(b) not act in a manner injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;
(c) surrender passport, if any, to the Trial Court within a week;
(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;
(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;
(f) furnish the present address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Trial Court;
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R/CR.MA/7982/2021 ORDER DATED: 04/10/2021
(A.Y. KOGJE, J)
PARESH SOMPURA
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3 issues framed by the court
Whether the applicant should be granted regular bail in offences under the Wildlife Protection Act.
Whether special circumstances exist to deny bail given the closure of investigation.
Whether the applicant satisfies bail conditions upon releasing her on regular bail.
Colour shows how this judgement treated each authority
Sanjay Chandra v. Central Bureau of InvestigationReferred¶32
Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40 · Who else cites this
2 provisions across 2 enactments
HABIB SHAMSHERBHAI PARMAR
STATE OF GUJARAT
A.Y. KOGJE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
