AB 2764/2011 BEFORE HON’BLE MR. JUSTICE C.R. SARMA Heard Mr. SN Sarma, learned senior counsel assisted by Mr. P. Deka, lea rned counsel for the petitioner and Mr. BS Sinha, learned Public Prosecutor, Ass am. Perused the case diary. This is an application filed by the petitioner, under Section 438 CrPC, seeking pre-arrest bail in the event of his arrest in co nnection with CID PS Case No. 59/11 u/s 120(B)/405 IPC. The allegation brought against the petitioner is that 5 Cheque Books bel onging to the office of the Executive Engineer, PHE, Morigaon, were found to be missing from the office chamber of the Cashier on 7.2.2011. The petitioner was the Cashier of the office at the relevant time. Immediately thereafter, an FIR was lodged with the police on 7.2.2011. From the report dated 1.8.2011 submitted by the Additional Chief Engineer, PHE, Nagaon, it appears that out of the 5 Cheuqe Books, 4 Cheque Books have already b een recovered, which were lying near the generator side within the Morigaon PHE complex. It is also on record that the petitioner has been placed under suspens ion for negligence of duty. There is nothing on record to find that the other C heque Book, which could not be recovered, has been used by any person. The petit ioner is already on pre-arrest bail granted by this Court on 7.9.2011. Mr. Sarma, learned Sr. counsel appearing for the petitioner submits that the pet itioner, as directed by this Court, has already appeared before the I/O of the c ase and that he has been extending necessary cooperation in investigation of the case. There is no adverse report against the petitioner indicating that he has not ext ended cooperation in the investigation. Therefore, considering the entire aspec t of the matter, I do not find any reason for custodial interrogation of the pet itioner at this stage. Hence, the prayer for bail stands allowed. The interim o rder passed earlier on 7.9.2011 is made absolute subject to condition that the p etitioner shall appear before the I/O of the case within 7 days from today and o n such other date(s) as may be so required by the I/O of the case for the purpos e of interrogation. It is further provided that the petitioner shall not interf ere with the investigation in any manner and he shall not leave the jurisdiction of the learned CJM, Morigaon, without his prior permission, unless he is reques ted to attend the office of the investigating authority of the case. The bail application is disposed of. Return the case diary.