AB 1121/2011 BEFORE THE HON’BLE MR JUSTICE B D AGARWAL Heard Sri I Rafique, learned counsel for the petitioner. Also heard Shri B S Sin ha, learned Additional Public Prosecutor for the State of Assam. Also perused the Case Diary. This application U/S 438 CrPC has been filed seeking anticipator y bail of the accused petitioner, namely, Sri Momin Hussain, apprehending his ar rest in connection with Mankachar PS Case No. 108 of 2009 under Sections 406/ 409/ 506/ 420/ 34 of the Indian Penal Code. The petitioner is the Chairman of Kalapani Samabai Samity Limite d. The allegation against him is that he had misappropriated PDS articles allott ed to the Society for the period from October 2006 to February 2009. According to the learned counsel, the informant himself is the s hareholder of the Society and he has filed the case with oblique motive. Besides this, the learned counsel submitted that the audit of the Society has already b een held and no anomaly was detected. The learned Additional Public Prosecutor, also submitted that th ere so far, there is no conclusive evidence of misappropriation as has been alle ged in the FIR. Considering all these aspects, the interim bail granted to the p etitioner, on 02.05.2011, is hereby made absolute. The petitioner is directed to appear before the Investigating Of ficer within a period of 1 (one) week from today and he shall co-operate in the investigation of the case. With the aforesaid observations, this Anticipatory Bail Applicat ion stands disposed of.