AB 548/2011 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, Allauddin Ahmed, in connection with Uriamghat P olice Station Case No. 09/2010, under Sections 333/114/506/147/148/149/379/302/ 342/325 IPC. Perused the above application and materials on record, including a copy of the order, dated 30-06-2010, passed in Bail Application No. 2748 of 2010, whe reby the petitioner’s earlier application for pre-arrest bail was rejected, on p erusal of the case diary. In fact, even before the order, dated 30-06-2010 afore mentioned, petitioner’s earlier application for pre-arrest bail had already been rejected on perusal of the case diary. The petitioner has, therefore, not conte nded before this Court, now, at the time of motion hearing, that he deserves to be enlarged on bail on merit of the case. It has, however, been submitted, on be half of the petitioner, that the petitioner has been suffering from T.B. even th is aspect of the case was taken into consideration in the earlier order of this Court passed on 30-06-2010 and the Court observed as under: In view of the above, the prayer for pre-arrest bail, made by the petitioner, i s hereby rejected. Notwithstanding this rejection of the pre-arrest bail, it is necessary to point out that while the petitioner has not been able to make out, on merit, any case for exercise of powers under Section 438 Cr.P.C., it is, howe ver, noticeable that the petitioner has contended that he is sick. As regards th e petitioner’s contention that he is sick and he, therefore, needs to be release d on bail, it is hereby made clear that the petitioner, while applying for regul ar bail in the Court of competent jurisdiction, may take the ground of his sickn ess as a ground for seeking bail and, if such a ground is taken, while making ap plication for regular bail, the learned Court below shall consider such a ground and dispose of his bail application in accordance with law. Heard Mr. PK Brahma, learned counsel, appearing on behalf of the petitioner, and Mr. K Munir, learned Additional Public Prosecutor, Assam. In view of what have been observed above, the prayer for pre-arrest bail made by the petitioner is hereby rejected. The petitioner may, however, apply f or regular bail as already indicated in the order, dated 30-06-2010, aforementio ned, in the Court of the learned Chief Judicial Magistrate, Golaghat, and if, on his appearance in the learned Court below, he applies for bail, the learned Cou rt below shall consider and dispose of the same in accordance with law. With the above observations and directions, this petition shall stand disposed o f.