Cr.M.P.(M) No. 962 of 2008 22.9.2008 Present: Mr. Onkar Jairath, Advocate for the petitioner. Mr. Rajinder Dogra, Addl. A.G. with Mr. Vikas Rathore, Dy.A.G. for the respondent. This is an application under Section 438 of the Code of Criminal Procedure for granting anticipatory bail to the petitioners in FIR No. 327 of 2008 dated 9.9.2008 under Sections 41 and 42 of the Indian Forest Act and under Section 379 of the Indian Penal Code registered at Police Station, Paonta Sahib, District Sirmaur, H.P. Heard. The prosecution case in nutshell is that the petitioners are involved in committing the offence by cutting the branches of the trees and removing them. The learned Additional Advocate General has resisted the bail application. Mr. Onkar Jairath, Advocate submits that his clients are not involved in any manner with commission of the alleged offence and the prosecution has falsely implicated the petitioners in the case. Mr. Onkar Jairath further submits that his clients are innocent persons and undertake to abide by the terms and conditions to be imposed by the Court and that they will join the investigation as and when required. The petitioners have made out a case for the grant of bail under Section 438 of the Code of Criminal Procedure. It is not the case of the prosecution that in case the petitioners are released on pre-arrest bail then they will not be available for interrogation. It is a fit case where the petitioners are not required to be interrogated in custody. Accordingly, the application is allowed. The interim bail granted on 18.9.2008 is confirmed on the same terms and conditions. In the event of arrest of the petitioners, they be released on bail in FIR No. 327 of 2008 registered on 9.9.2008 at Police Station, Paonta Sahib, District Sirmaur, H.P. under Sections 41 & 42 of the Indian Forest Act and under Section 379 of the Indian Penal Code on their furnishing personal bond in the sum of Rs. 10,000/- each with one surety in the like amount to the satisfaction of the arresting Officer. The petitioners shall not tamper with the prosecution evidence in any manner. The observations made in this order are for the disposal of this application and these shall not be treated as an expression/opinion on the merits of the case. Copy ‘Dasti’ on usual terms. (Rajiv Sharma), J.l September 22, 2008. (cr)