AB 8/2011 BEFORE HON’BLE MR. JUSTICE P.K. MUSAHARY Heard Mr. T. Baidya, learned counsel for the accused/petitioners and Mr. B.S. Sinha, learned Addl. P.P., Assam. This is an application made under section 438, Cr. P.C. seeking pre-arre st bail by the accused/petitioners, namely 1) Shri Sankumoni Goswami, 2) Shri Mr idul Das and 3) Shri Sadananda Bora, in connection with Nagaon P.S. Case No. 214 3/2010 under Section 420/423/468/34 IPC. Perused the case diary. The allegation made in the FIR relates to execut ion of the sale deed in regard to purchase of the land in question between the p resent petitioners and the informant. Before the final execution of the sale dee d, the informant/ land owner made another deal with a 3rd party as she was offer ed higher value of the land in question. The Investigating Officer has also exa mined some witnesses who were present at the time of signing the agreement betwe en the informant and the petitioners. There is nothing in the evidence that the accused/petitioners used force or some other illegal methods for obtaining the s ignature of the land owner, i.e. the informant. Considering the aforesaid materials on record which do not go against th e present petitioners, the interim bail order dated 05.01.2011 is made absolute on the same terms and conditions. It is stated that the accused/petitioners have already appeared before the I.O. However, in the interest of investigation, the y shall appear before the I.O. if so required. The bail application stands disposed of.