Cr.M.P.(M) 995 of 2008 29.9.2008Present: Mr.Ajay Kochhar, Advocate, for the petitioner. Mr.J.S.Guleria, Law Officer, for the respondent-State. The petitioner apprehends his arrest in case FIR No.319 of 2008 dated 19.9.2008 registered under sections 379,353,332 read with section 34 of the Indian penal Code and under sections 32,33 and 41 of the Indian Forest Act, at Police Station, Sadar Bilaspur (H.P.). The allegation against the petitioner is that during the intervening night of 18-19th September, 2008 he was sitting in a Taxi, bearing registration No.HP-23-B-2129 parked on the road, along with other accused persons. During the patrolling duty by the Home Guard Constables, namely Piar Chand and Rakesh told them to move away from that place, as that area was prone to sandal wood smuggling. However, the accused informed them that they have a patient in the hospital and they had come there to take rest. On the intervention of the patrolling constables, they moved towards the rest house and hospital side. In the meantime, a person named Basant Ram was found carrying two gunny bags, containing about 75 kg of sandal wood, was caught by the Range Officer, who is alleged to have offered resistance. Basant Ram aforesaid was granted bail by the learned trial court. The investigation of the case did not show any nexus of Basant Ram with the petitioner. Thus, keeping in view the facts and circumstances of the case, I am of the considered opinion that the petitioner has a case for his pre- arrest bail. Accordingly, the interim order of bail dated 26.9.2008 is hereby confirmed, with a further additional condition that the petitioner shall not indulge himself into the alleged activities. The petition stands disposed of. Copy Dasti on usual charges. September 29,2008 (Surinder Singh),J. (D)