2002 Supreme(Bom) 1006

IN THE HIGH COURT OF BOMBAY
(R. S. Mohite, J.)
BABLU s/o RAGHOJI KAITHWAS - Applicant
Versus

STATE OF MAHARASHTRA - Non-applicant
Advocates appeared
For applicant: E. W Nawab, A. S. Suryawanshi, Mrs. S. D. Kusram
For State/Non-applicant : M. P. Badar

The court considered the severity of the offense, the period of custody, and the non-punishable nature of the offense with life imprisonment or death in granting bail to the accused.

Headnote:

Bail - Wildlife Protection Act - Grant of Bail to Accused Possessing Leopard Skin

Fact of the Case:

The applicant, a student, was found in possession of a Leopard skin and was accused under sections 9, 39, 48(a), (b) and read with section 51 of the Wild Life Protection Act.

Finding of the Court:

The court found that since the maximum sentence for the offense was six years and the applicant had been in custody for about two months, bail was granted on the condition of executing a P. R Bond and reporting to R.F.O., Ramtek.

Issues: Grant of bail to the accused in possession of Leopard skin under the Wild Life Protection Act.

Ratio Decidendi: The court considered the severity of the offense, the period of custody, and the non-punishable nature of the offense with life imprisonment or death in granting bail to the accused.

Final Decision: The applicant was directed to be released on bail upon executing a P. R Bond in the sum of Rs. 10,000/- with one surety in the like amount, subject to the condition of reporting to R.F.O., Ramtek.