1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Criminal Application No.3494 of 2008 (Jagannath Vishwasrao Ghute v. State of Maharashtra, through its PSO, PS Paratwada, Tah. Achalpur, Distt. Amravati) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Shri N.R. Saboo, Advocate for Applicant. Shri T.A. Mirza, APP for Non-Applicant/State. CORAM : R.C. Chavan, J. DATE : 8th October, 2008 Heard the learned counsel for the applicant, and the learned Additional Public Prosecutor for the non-applicant/State. This is an application by a Round Officer in the Forest Department for being released on bail in the event of his arrest in an offence involving theft of forest wood. His application for bail under Section 438 of the Code of Criminal Procedure was rejected by the learned Additional Sessions Judge. The applicant has already been placed under suspension. His headquarters have also been changed by the Department. The learned counsel for applicant has produced for my perusal a copy of the counter-foil of a transit pass issued to the transporter, which showed the number of logs as 145 and the total size as 1.229 cubic meters. However, when the truck was intercepted in another jurisdiction, it was found to have 245 logs of the total size 7.229 cubic meters. The counter-foil of the transit pass, which is produced for my perusal, is marked as 'X' for the 2 sake of identification. The learned counsel for the applicant states that this transit pass was counter-signed by the superior officer as well and, therefore, he contends that the pass might have been tampered by the transporter or others and not by the applicant. Curiously, the number '1' in the number of logs '145' as also the size '1.229 cubic meters' are written differently than the same number '1' written by the applicant in other columns of the transit pass. Number '1' has been used at two places in dates '17/7/08' and '19/7/08' and also thrice in the pass number and once in book number. It can be easily seen that number '1' in '145 logs' and '1.229 cubic meters' of size might have been so written so as to facilitate tampering. This would require a probe and, therefore, the applicant's request for being released on anticipatory bail cannot be accepted. Consequently, the application is rejected. JUDGE Lanjewar