AB 1272/2011 BEFORE THE HON’BLE MR JUSTICE B D AGARWAL Heard Sri K Agarwal, learned counsel for the petitioners. Also heard Shri K Muni r, learned Additional Public Prosecutor for the State of Assam. This application U/S 438 CrPC has been filed seeking anticipator y bail of the accused petitioner Nos. 1 and 2, namely, Sri Pratap Bordaloi and S ri Ibrahim Ali, apprehending their arrest in connection with CID PS Case No. 7 7 of 2010 under Sections 120 (B)/ 468/ 471/ 409/ 406 of the Indian Penal Code. The allegation against the petitioners are that they have misapp ropriated Government money in the name of repairing Government vehicles and a su m of Rs. 5, 13, 762/- (Rupees five lakhs thirteen thousand and seven hundred and sixty-two) have been paid on account of repairing of the government vehicles. The earlier bail prayer was rejected on 02.02.2011 in AB No. 118 of 2011, after perusal of the Case Diary. In the earlier order, I have observed that good number of witnesses have stated that no major repairing of the vehicl e was done. Besides this, many other persons involved in the misappropriation of Government money are still at large. Sri Agarwal, learned counsel submitted that the petitioners have already appeared before the Investigating Officer during the interim bail and n ow they are also suffering from various ailments. Considering the serious nature of the allegations, the custodial interrogation of the petitioners may also be required. With regard to the medical ailments, this aspect can be consider ed only in an application under Section 437 of the Code of Criminal Procedure, 1 973. With the aforesaid observations, this Anticipatory Bail Applicat ion stands rejected.