AB 1075/2011 BEFORE THE HON’BLE MR JUSTICE H BARUAH Heard Mr AM Borbhuyian, learned counsel for the petitioners and Mr BB Gogoi, lea rned Addl. PP, Assam. The petitioners herein apprehending arrest in connection with Katigorah PS Case No 183/2008, have approached this Court by filing the instant application under section 438, CrPC, to provide them the privilege of pre-arrest bail. It is submitted by Mr Borbhuyian that the lottery which was to be held on the date could not be held for certain unavoidable circumstances and accordingly, th e same was cancelled. The money so collected from the purchasers of the tickets was also returned. To substantiate the submissions made by Mr Borbhuyian, there is nothing on recor d to consider. It is apparent from the facts that on account of holding of the l ottery, the petitioners obtained some money from the purchasers the lottery tick ets. Since there is no evidence appearing on the face of the records in respect of return of the money to the purchasers, it would naturally give an impression that the money so collected from the purchasers have been misappropriated. In vi ew of the aforesaid facts, this Court is not inclined to provide the privilege o f pre-arrest bail to the petitioners. However, the petitioners would be at liber ty to approach the learned Chief Judicial Magistrate, Cachar, Silchar, for regul ar bail and for this purpose the interim provided on 29.4.2011 is extended till 23.5.2011. Bail application stands disposed of.