AB 3237/2011 BEFORE HON’BLE MR JUSTICE I A ANSARI This is an application made under Section 438 CrPC seeking pre-arrest bail by th e petitioner, namely, Md. Sahijul Haque, in connection with Dhula Police Station Case No. 10/2011, under Section 406/420 of the IPC. Perused the above application and materials on record. Also perused the order, dated 15.06.2011, passed in AB No. 923/2011, whereby the petitioner’s ea rlier application for anticipatory bail was rejected on perusal of the case diar y. Heard Mr. A. Ali, learned counsel for the petitioner, and Ms. A. Begum, learned Additional Public Prosecutor, Assam. Nothing new could be submitted, on behalf of the petitioner, than what w ere submitted on behalf of the petitioner and taken into consideration by the Co urt, while rejecting the petitioner’s earlier prayer for pre-arrest bail. The r ejection of the petitioner’s application for pre-arrest bail, by order, dated 15 .06.2011, aforementioned was on the ground that the case diary revealed incrimin ating materials against the petitioner. This position has, however, not changed . The fact that the petitioner is an elected member of Panchayat cannot, in the facts of the present case, a reason for granting of pre-arrest bail. Coupled with the above, the petitioner’s plea, that he is sick, is a ple a, which can be taken by the petitioner as and when he applies for regular bail. Considering, therefore, the matter in its entirety and in the interest o f justice, this Court does not find that the petitioner has been able to make ou t any case for giving him the benefit of pre-arrest bail. In the result and for the foregoing reasons, the petitioner’s prayer for pre-arrest bail is hereby rejected. The petitioner is, however, given the libe rty to appear in the Court of the learned Chief Judicial Magistrate, Mangaldoi, and apply for bail and, if the petitioner appears in the learned Court below and applies for bail taking the ground of his illness, the learned Court below shal l consider and dispose of the petitioner’s application and pass appropriate orde r(s) keeping in view the facts and attending circumstances of the case and the l aw relevant thereto.