IN THE HIGH COURT OF HIMACHAL PRADESH,SHIMLA Cr.M.P.(M) No. 770 of 2011 Date of decision: 30.9.2011. _______________________________________________________ Mohd. Iqbal ….. Petitioner. Versus State of Himachal Pradesh. …. Respondent. ________________________________________________________ Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1No For the Petitioner : Mr. Imran Khan, Advocate. For the Respondent : Ms. Ruma Kaushik, Addl.Advocate General with Mr. J.S. Rana, Assistant A.G. Kuldip Singh, J (Oral) This is an application for releasing the petitioner on bail under Section 438 Cr.P.C. in FIR No.293/11 dated 13.9.2011, registered at Police Station Paonta Sahib, Distt Sirmour for offences punishable under Sections 379, 34 IPC and Sections 41, 42 of the Indian forest Act . The Status report filed and the same has been perused. 2. It has been stated in the application that the case has been registered against Sabir Ali who during investigation has alleged that petitioner is a partner of Sabir Ali. Therefore, petitioner is apprehending his arrest in the above case, which is false. Sabir Ali has named petitioner due to enmity. Whether the reporters of the local papers may be allowed to see the Judgment?Yes 3. The petitioner is innocent; his name has been falsely involved by Sabir Ali only to save himself. The petitioner is ready to co-operate in the investigation and furnish bail bonds in accordance with the directions of this Court. The prayer has been made for grant of bail. 4. The bail application has been opposed by the learned Additional Advocate General on the basis of status report. It has been stated that case has been registered on the basis of written complaint of Om Parkash, Forest Range Officer, Bhagani. It is the case of the Investigating Agency that on 12.9.2011 on the basis of secret information, DFO Paonta Sahib had laid naka at Rao Khala near Khodonwala, the complainant and others were present at naka. At about 11 am truck bearing registration No.HR-58A-5817 came from Bhagani side which was signalled to stop, 3-4 persons were sitting in the truck. The truck driver did not stop the truck and took the truck towards Amboya, which was chased and found parked at place C-8 near RF Danda Amboya. 5. The occupants of the truck including driver fled away. On search, 83 sleepers of Deodar of different sizes having market price ` 3 lacs were recovered. On enquiry, it was revealed that the illicit timber was being transported by Sabir, Ateek alias Shami from Uttranchal to Haryana. The damage report of recovered timber was prepared in the name of owner and driver of the truck. The truck alongwith documents and timber were taken into possession. Mohd. Iqbal was escorting the truck with the purpose to keep an eye over police or forest department personnel. It has been stated that Sabir Ali has been released on bail by the Court at Paonta Sahib. Manoj Kumar driver of the truck is in custody who was arrested on 26.9.2011. The timber was being carried to Haryana and for safe passage through 70 KM of Himachal Pradesh area they were to be paid ` 30,000/- . The motorcycle of Mohd Iqbal No.HP-17B-4504 has been taken into possession. The prayer has been made for dismissing the bail application. 6. I have heard both the sides and perused the police file. The allegations are that aforesaid timber was being transported in truck No.HR-58A-5817. The truck was ordered to stop at naka but driver instead of complying order took the truck towards Amboya. On search illicit 83 sleepers of deodar were recovered from the truck. The allegation is that the timber was being transported from Utranchal to Haryana through the territory of Himachal Pradesh. The petitioner and co-accused were to be paid ` 30,000/- for safe passage of truck in Himachal territory. The allegation against the petitioner is that he was escorting the truck in order to keep an eye over police or forest personnel. There is no allegation that petitioner was sitting in the truck. The co-accused Sabir Ali has already been released on bail, though truck driver has not been released on bail. There is no allegation in the status report that some recovery is to be made from the petitioner or he is not co-operating in the investigation. In these circumstances, the petitioner has made out a case for grant of bail under Section 438 Cr.P.C. 7. Therefore, petition is allowed. In the event of arrest, the petitioner is ordered to be released on bail in FIR No.293/11 dated 13.9.2011, registered at Police Station Paonta Sahib, Distt Sirmour for offences punishable under Sections 379, 34 IPC and Sections 41, 42 of the Indian forest Act, on furnishing personal bond in the sum of ` 25,000/- with one surety of the like amount to the satisfaction of Arresting Officer, with the condition that the petitioner shall continue to join the investigation as and when called by the Investigating Officer and shall not hamper the investigation and tamper with the prosecution evidence in any manner. 8. The observations made in the judgment are for disposal of the bail application and it shall not be construed as expression of opinion on the merits of the case. Copy ‘Dasti’. September 30, 2011 (Kuldip Singh), (sks) Judge.