AB 2678/2011 BEFORE HON’BLE MR. JUSTICE P K MUSAHARY Heard Mr.M.Choudhury, learned counsel for the accused-petitioenr. Also heard Mr . Z.Kamar, learned Public Prosecutor, Assam. The accused petitioner is apprehending arrest in connection with Abhayapuri P.S. Case No.186 of 2008 u/ss 409/420/34 IPC. The accused petitioner had been workin g as Executive Officer of the Tapattari Anchalik Panchayat. He was also In-Charg e of the Block Development concerned. There was a diversion of fund for the peri od commencing from 2003 and the same was detected in the year 2008. Accordingl y an FIR was lodged against him and since then, the I.O. has not recorded state ment of the accused/petitioner, not to speak of arresting him, although, serious allegations were made against him. From the case diary submitted by the learned Public Prosecutor it does not appear that the Government has taken any action a gainst the accused -petitioner for the alleged diversion of fund. There is alleg ation of mis-appropriation of fund but there is no such official report to subst antiate the aforesaid allegation. It is stated at the bar that the accused petit ioner was transferred to Goalpara and he has been placed under suspension by the Govt.in connection with similar other case. Considering the fact that the accused petitioner has been placed under suspensio n, there is no chance of influencing or gaining over the witnesses if he is enla rged on bail at this stage. Accordingly, it is directed that the accused-petitio ner, Sri Bishnu Jyoti Baruah, in the event of his arrest, in connection with th e aforesaid P.S.Case, shall be released on bail on furnishing bail bond of Rs.50 ,000/- with two local sureties of like amount to the satisfaction of the ar resting authority subject to condition u/s 438(2) Cr.P.C. The petitioner shall report the IO concerned once in a month for a period of 6 (six) months or till charge-sheet is submitted whichever is earlier. With the aforesaid directions bail application stands disposed of.