JAI SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of present petition filed under S.438 CrPC, bail petitioner namely Jai Singh, has approached this court for grant of pre-arrest bail in FIR No. 95, dated 26.6.2019, under Ss. 379/34 IPC and Ss. 41 and 42 of the Indian Forest Act, registered at Police Station, Majra, District Sirmaur, Himachal Pradesh.

(2.) Sequel to order dated 28.6.2019, whereby bail petitioner was ordered to be enlarged in the event of his arrest in the aforesaid FIR, subject to furnishing personal bonds in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the arresting officer, ASI Rajpal has come present with the record. Mr. Sanjeev Sood, learned Additional Advocate General has also placed on record status report prepared by the investigating agency on the basis of investigation carried out by it. Record perused and returned.

(3.) Perusal of record/status report reveals that on 25.6.2019, Police having received an information that Trucks bearing registration Nos. HP71-2093 and NL02N-6711, carrying Khair wood are coming from Dhaula Kuan to Paonta Sahib, stopped the aforesaid trucks by laying a Naka on NH07 and recovered 2093 logs of Khair from Trucks bearing registration Nos. HP71-2093 and NL02N-6711. Though permits were produced by the occupants of vehicles, bearing Nos. 798 and 799, but on suspicion, police party contacted DFO concerned. On next day, the wood was got inspected and it was found that the Khair wood loaded in both the trucks exceeded the volume permitted in the permits and only a few of the logs were hammered. Accordingly, FIR, as detailed above, came to be registered against the bail petitioner, who in fact owned the Depot from where the Khair wood was loaded