The High Court allowed bail to the accused Mahipal Chauhan charged under the Wild Life Protection Act, directing him to furnish a personal bond of Rs. 50,000 and two sureties.
Release on bail on a personal bond of Rs. 50,000 and two sureties of like amount.
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.
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Original Jurisdiction 1st Bail Application No. 767 of 2013 Order on the bail application of the accused.
Mahipal Chauhan. …….Applicant (in Jail).
Versus
State of Uttarakhand. …......…. Opposite Party.
Present:
Mr. Deep Chandra Joshi, Advocate for the applicant. Mr. S.K. Chaudhary, Additional G.A. for the State.
Hon’ble Alok Singh, J (Oral).
This is an application seeking regular bail in Range Case No. 5/Bhowali /2013-2014, under Section 2, 9, 39, 49, 50, 51 of the Wild Life Protection Act.
Learned counsel for the applicant submits that all the offences are triable by Magistrate; applicant is in jail with effect from 24.04.2013. He, while placing reliance on the dictum of Hon’ble Apex Court, in the case of State of Kerala Vs. Raneef reported in 2011 (1) SCC 784 contends that if applicant is not enlarged on bail and is ultimately, acquitted in the trial, the time spent by the applicant in jail during trial, cannot be restored to him.
Considering the totality of facts and circumstances of the case, bail application is allowed. Let the applicant be released on bail, on his furnishing a personal bond of ` 50,000/- and two sureties, of the like amount, to the satisfaction of Chief Judicial Magistrate, Nainital.
(Alok Singh, J.) 30.07.2013
SKS
2
1 issue framed by the court
Whether the applicant be granted regular bail in the present case under the Wild Life Protection Act.
Colour shows how this judgement treated each authority
State of Kerala Vs. RaneefRelied on¶10
State of Kerala Vs. Raneef reported in 2011 (1) SCC 784 · Who else cites this
Mahipal Chauhan
Alok Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
