AB 839/2011 BEFORE THE HON’BLE MR JUSTICE C. R. SARMA Heard Mr. P K Gogoi, 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 accused petitioner, namely, Sri Dipankar Basumatary in connection with Namruup P.S. Case No.17/2011, registered under Sections 418/420/406 IPC (c orresponding to G.R. Case No.448/2011) Perused the Case Diary and the materials available on record. The allegation brought against the petitioner is that the petitioner had induced the informant to part with his land document in favour of the petitioner to fac ilitate the latter for obtaining a Bank loan amounting to Rs.10,00,000/- and ass ured that the said document would be returned back to the informant. According t o the informant, in spite of repeated requests, the petitioner refused to return the said document and thereby cheated the informant and thus, misappropriated t he property. The learned counsel for the petitioner has submitted that the since petitioner i s suffering loss in his business, he could not repay the loan to the Bank to get back the mortgaged documents aforesaid. In view of the above, considering entire aspect of the matter, I am of the opini on that custodial interrogation of the petitioner is not warranted for the purpo se of the investigation. Therefore, the interim order, dated 25.03.2011 is made absolute, subject to condition that the petitioner shall appear before the Inves tigating Officer within seven days from this date for his interrogation and reco rding statement, if so required. Return the Case Diary. With the above directions, this A.B Application is disposed of.