Cr.MP(M) No. 81/2009. 13.3.2009 Present: Mr. Rakesh Jaswal, Advocate, for the petitioner. Mr. J.S. Guleria, Assistant Advocate General, for the respondent. The present petition is for pre- arrest bail under Section 438 of the Code of Criminal Procedure. The petitioner is apprehending his arrest under Section 51 of the Wild Life Protection Act, 1972 in FIR No. 10/2009 registered on 11.2.2009 in Police Station Haripur Tehsil Dehra District Kangra, H.P., allegedly shooting two bar-headed geese in the sanctuary area. The interim conditional bail was granted to him on 24.2.2009. Report has been filed. The petitioner had joined the investigation. Both the parties were heard. It transpires from the record that two bar-headed geese were found dead in the sanctuary area, by the gun shot, soon thereafter the petitioner was noticed passing through a path in the said area with his gun. His gun was taken into possession by the Wild Life Officer and petitioner was asked whether he had shot at the birds. He refused; however, his gun was taken into possession and -2- sealed by the Forests Officer. Thereafter he lodged the FIR. Gun was sent for examination. The report of the ballistic expert is still awaited. According to the petitioner, he was going through a short cut to his village which is abutting to the sanctuary area. The existence of the path is not denied by the prosecution. During the investigation, no witness so far come forward to disclose the commission of offence by the petitioner. In view of the above, the petition for pre-arrest bail is allowed and the interim order of bail passed on 24.2.2009 is hereby confirmed on the same terms and conditions. The application is disposed of. March 13, 2009 (Surinder Singh), J (cm)