AB 1834/2011 BEFORE THE HON’BLE MR. JUSTICE C.R. SARMA Heard Dr. G. Lal, learned counsel appearing for the petitioner. Also heard Mr. K . Munir, learned Additional Public Prosecutor, Assam for the State respondent. This is an application under Section 438 Cr. P.C., seeking pre-arrest bail in fa vour of the accused namely, Md. Harunar Rachid @ Rashid, in Connection with Dhul a P.S. Case No. 98/2011 under Sections 409/ 34 IPC. Perused the case diary. The learned counsel appearing for the petitioner has submitted that the petition er is a Govt. employee and due to his transfer, he could not complete the constr uction of the houses under the I.A.Y. scheme. The allegation made against the pe titioner is that the petitioner had misappropriated the Govt. fund in connection with the construction of the houses under the I.A.Y. scheme. Having heard the learned counsel for both the parties and considering the incrim inating materials collected by the Investigating Officer, more particularly, the statement of the Block Development Officer, I do not find it fit case to extend the benefit of pre-arrest bail in favour of the petitioner, who is alleged to b e involved in misappropriation of the Govt. fund under the I.A.Y. Scheme. In view of the above, the prayer for pre- arrest bail is rejected. The learned counsel for the petitioner has also submitted that the petitioner ma y be given an opportunity to surrender before the learned Chief Judicial Magistr ate, Mongaldoi. Accordingly, the petitioner is directed to appear before the lea rned CJM, Mongaldoi on 05.12.2011 and on such appearance, the learned CJM shall pass necessary order in accordance with law. The interim order passed earlier shall continue till 05.12.2011. Return the case diary. The bail application is dismissed.