AB 1202/2011 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 petitioners, namely, 1. Sri Kalia Borah, 2. Sri Ritupon Borah and 3 . Sri Bitupan Borah, in connection with Pulibor Police Station Case No. 40/2011 (Corresponding to GR Case No. 348 of 2011), under Section 498(A) IPC. Perused the above application and materials on record. Perused also the relevant case diary including a copy of the order, dated 08-04-2011, passed by t he learned Sessions Judge, Jorhat, in Misc. (Crl.) Case No. 129 of 2011, whereby learned Sessions Judge, while granting bail to the informant’s mother-in-law, r ejected the prayer for bail of the petitioner Nos. 1 and 3, namely, Sri Kalia Bo rah and Sri Bitupan Borah respectively. Heard Mr. D Baruah, learned counsel, appearing on behalf of the petitioners, and Mr. BS Sinha, learned Additional Public Prosecutor, Assam. The power of this Court to grant pre-arrest bail, under Section 438 Cr.P .C., is coextensive with the power of the Sessions Judge. This Court cannot, the refore, stand as an appellate Court on the correctness of the order, dated 08-04 -2011, whereby the learned Sessions Judge has rejected the prayer for pre-arrest bail made by the petitioner Nos. 1 and 3, namely, Sri Kalia Borah and Sri Bitup an Borah respectively. Be that as it may, the relevant case diary has, once again, been perused . Considering the fact that the perusal of the case diary reveals sufficient incri minating materials against all the three petitioners, this Court is of the view that, in the facts and attending circumstances of the present case, the petition ers cannot be given the benefit of pre-arrest bail. In view of the above and in the interest of justice, the prayer for pre-arrest b ail, made by the petitioners, is hereby rejected. It is, however, made clear that the petitioners may appear in the Court of the l earned Chief Judicial Magistrate, Jorhat, in connection with the case aforementi oned and, if on their appearance in the learned Court below, they apply for regu lar bail, the learned Court below shall consider and dispose of the same in acco rdance with law. With the above observations and directions, this petition shall stand disposed o f.