MEHAR CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER is an accused in FIR No. 94 of 2014, registered under Sections 32 and 33 of the Indian Forest Act and Section 379 of the Indian Penal Code, in Police Station, Bhuntar, District Kullu. He apprehends his arrest in connection with the case registered against him.

(2.) ALLEGATIONS as disclosed from the record, in nutshell, are that the petitioner is the President of Forest Committee, Bhuntar. He is owner of a saw -mill at Dana -Aage, near Thela. Police of Police Station, Bhuntar, received a secret information on 29.6.2014 around 10.30 p.m. about the accused -petitioner had kept 'Deodar' slippers in the premises of his saw -mill unauthorizedly and without any permission. Being odd hours instead of obtaining the search warrant with respect to the search of the saw -mill, the Station House Officer, has constituted a team for raiding the premises of the saw -mill of the accused -petitioner. The police -party has raided the saw -mill and recovered 16 slippers and 8 logs in different sizes kept in a room adjoining the saw -mill. The same were not found having any hammer mark. After carrying out the measurement of the slippers and logs, the same were taken into possession and entrusted in the custody of Neeraj Sharma, Forest Guard.

(3.) THE present is not a case that in the event of grant of pre -arrest bail, the accused -petitioner will not be available to the police for further interrogation for the reason that he is local resident of District Kullu having moveable and immovable property and, therefore, can be believed to have roots in the society. This Court see no reason that he will abscond or flee away from justice. The present is also not a case where his custodial interrogation is required. Therefore, I allow this application and order that in the event of the arrest of the accused -petitioner in the aforesaid case, he shall be released on bail subject to his furnishing personal bond in the sum of Rs. 50,000/ - with one surety in the like amount to the satisfaction of the Investigating Officer/Arresting Police Officer and shall abide by further conditions that: