AB 754/2011 BEFORE THE HON’BLE MR. JUSTICE A.C. UPADHYAY This is an application under Section 438 Cr praying for pre-arrest bail on behal f of the petitioner, namely - Shahidul Islam in connection with Barpeta P.S. Cas e No.906/2010 (G.R. No.1426/2010) under Section 379 IPC. Heard Mr. H. Hoque, learned counsel appearing for the petitioner as well as Mr. B. Gogoi, learned Addl. P.P., Assam. Mr. B. Gogoi, learned Addl. P.P. by producing the case diary before this Court apprised the Court regarding the progress of investigation made by the po lice. The FIR reveals that on a sudden visit following a secrete information; th e police recovered a motor cycle bearing Registration No. ML-07-A-7812 from the residence of Abdul Mazid, which they suspected to be stolen. On investigation, A bdul Mazid informed the police that the said motor cycle was purchased by his so n Md. Baser Ali, who was staying at Guwahati for business purpose. Abdul Mazid c ould not produce any document for possessing motor cycle. On perusal of the case diary, it appears that the Investigating Officer has not so far ascertained as to whether the motor cycle seized by him is stolen motor cycle or not. Even after getting the registration number of the motor cyc le, the Investigating Officer has not been able to obtain the name of the regist ered owner of the vehicle in question. In the circumstances, when the theft of the motor cycle is yet to be asc ertained, it would not be appropriate to reject the prayer of the petitioner for pre-arrest bail in connection with this case. Accordingly, the prayer of the petitioner for pre-arrest bail is allowed and it is provided that in the event of arrest of the petitioner, namely - Shah idul Islam, in connection with the aforementioned case, he shall be released on bail of Rs.10,000/- with one surety of the like amount to the satisfaction of th e arresting authority. However, the petitioner is directed to appear before the Investigating Police Officer, and make himself available for the purpose of inte rrogation by the police, in connection with this case within seven (7) days from today. The bail application stands disposed of in terms of the above observatio ns and directions.