AB 343/2010 BEFORE THE HON’BLE MR JUSTICE C R SARMA Heard Mr. M U Mahmud, learned counsel appearing for the accused petitioner. Also heard Mr. B S Sinha, learned Additional Public Prosecutor, Assam. This is an application filed under Section 438 Cr.P.C seeking pre-arrest bail in favour of the petitioner, namely Uwali Mohammad Khan @ Wali in connection with C.R Case No.2036/2005, under Section 398(A)/342/506/4471/125/34 IPC. The learned counsel appearing for the petitioner submits that the petitioner app eared before the learned Magistrate in the above mentioned case, which was pendi ng before the learned SDJM (S), Dhubri and that he was released on bail, but sub sequently, his default in appearance due to illness a Non-Bailable Warrant of Ar rest was issued against him. It is stated that during the execution of the said warrant the petitioner was allowed to go on bail by Police on the ground of illn ess and after receipt of the report the learned Magistrate by his order dated 29 .11.2010, while initiating action against the petitioner issued a fresh Warrant of arrest. Learned counsel for the petitioner also submits that the petitioner i s all along ready to appear before the learned magistrate and that he could not appear earlier due to his illness. It is also submitted that the case is fixed o n 04.01.2011 for appearance of the petitioner before the learned Magistrate. Considering all aspects of the matter the petitioner is directed to appear befor e the learned SDJM (S), Dhubri on 04.01.2011and on such appearance, the learned Magistrate shall pass an appropriate order as per law. In the interim, the execution of the warrant of arrest issued against the petiti oner is stayed till the next date. With the aforesaid order this Criminal Revision Petition is disposed of.