AB 533/2011 BEFORE THE HON’BLE MR. JUSTICE IA ANSARI This is an application made under Section 438 Cr.P.C. seeking pre-arrest bail by the petitioner, namely, Sakiluz Zaman, in connection with Goalpara Poli ce Station Case No. 502/2010, under Sections 341/325/326/379/34 IPC. Perused the above application and materials on record, including a copy of the order, dated 24-09-2010, passed in Bail Application No. 4095 of 2010, whe reby the petitioner’s prayer for pre-arrest bail was rejected, because of incrim inating materials available in the case diary against the petitioner. The petiti oner has, however, filed this petition on the ground that he is a Chronic Pancre atic patient. Heard Mr. R Hussain, learned counsel, appearing on behalf of the petitioner, and Mr. BS Sinha, learned Additional Public Prosecutor, Assam. Apart from the fact that petitioner’s earlier application for pre-arrest bail was rejected on perusal of the case diary, no new ground for giving the pe titioner the benefit of pre-arrest bail could be made out, the petitioner cannot be given the benefit of pre-arrest bail. It is, however, submitted, on behalf o f the petitioner, that the petitioner is a Chronic Pancreatic patient and recent ly operated, at Guwahati, in the month of December, 2010 and he is still under t reatment. In support of this submission, an Advice Slip has also been placed fro m the civil hospital, Goalpara. Considering the matter in its entirety and in the interest of justice, w hile the prayer for pre-arrest bail is hereby declined, the petitioner is given the liberty to surrender in the Court of the learned Chief Judicial Magistrate, Goalpara, and if, on his appearance in the learned Court below, he applies for b ail, the learned Court below shall consider and dispose of the same in accordanc e with law taking into account the petitioner’s submission that he has been rece ntly operated for Chronic Pancreatic and he is still under medical treatment. With the above observations and directions, this petition shall stand disposed o f.