AB 3065/2011 BEFORE THE HON’BLE MR. JUSTICE C.R. SARMA Heard Mr. B.D. Goswami, learned counsel appearing for the petitioner. Also heard Mr. P.N. Choudhury, learned Standing Counsel, CBI. This is an application under Section 438 Cr.P.C., seeking pre-arrest bail in fav our of the petitioner, namely Sri Pulin Das, in connection with Special Case No. 17/09 (R.C.12(A)/2007 GWH), under Section 120(B) read with Sections 409/420/467/ 468/471 IPC and Section 13(R) read with Section 13(1) (C) and (D) of the Prevent ion of Corruption Act,1988. Learned counsel, appearing for the petitioner, has submitted that the petitioner could not appear before the learned Special Judge, CBI, due to his prolonged il lness and that he is willing and ready to appear before the learned Special Judg e, CBI and participate in the trial. On behalf of the petitioner, it is further submitted that, due to default on the part of the petitioner, the learned Specia l Judge, CBI, has issued P & A and non bailable warrant of arrest against the pe titioner. Having heard the learned counsel for both the parties and considering entire asp ect of the matter, I am of the considered opinion that, an opportunity should be given to the petitioner to appear before the learned Special Judge, CBI, and se ek necessary order. Accordingly, the petitioner is directed to appear before the learned Special Jud ge, CBI, Guwahati, on 03.11.2011, which is the date fixed in the above mentioned Special Case and on such appearance, the learned Special Judge, CBI, shall pass necessary order as per law. In view of above, the operation of the P&A and non bailable warrant of arrest ag ainst the petitioner shall remain stayed till 03.11.2011. With the above direction, the A.B. Application is disposed of.