AB 1793/2011 BEFORE HON’BLE MR. JUSTICE U.B. SAHA The instant petition is filed by the petitioner Md. Mainul Hoque Zilani under Section 438 of Cr.P.C. for releasing him on pre-arrest bail in connection with Morigaon P.S. Case No. 95/11 (corresponding to G.R. No. 538/11) under Secti ons 406/409/420 of Indian Penal Code. On 22.6.2011 this Court granted interim bail to the petitioner on his fu rnishing a bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of the arresting authority in connection with the aforesaid PS Case and the case was fixed on 01.07.2011 for production of the Case diary. Accordingly, the case was listed on 01.07.2011 and as the learned PP could not p roduce the Case Diary the matter was fixed on 22.07.2011 and the interim bail wa s extended till today. Today when the matter is taken-up for bail hearing, Mr. J.C. Bora, learn ed counsel for the petitioner while urging for bail would contend that the FIR d oes not disclose any criminal offence, rather at best a case for dereliction of discharging duties is made out against the petitioner for which a disciplinary p roceeding can be initiated but not a criminal case. Mr. B.S. Sinha, learned Addl. Public Prosecutor, Assam submits that due to the act of cheating and negligence on the part of the petitioner many teacher s could not get their salary in time as the budget could not be prepared and the hence, petitioner committed offence under section 406 and 409 of the IPC. It would not be proper for this Court to give any findings as to whether the pet itioner has committed any offence under section 406 and 409 IPC as that would af fect the merit of the trial. According to this Court, there is no possibility of absconsion of the petitioner or tampering the evidences, if any. It appears fro m the CD that the whole case is based on documentary evidence and the contention made by the learned counsel for the petitioner has some force. In view of the above, there is no other alternative before this Court ex cept to make absolute the earlier order passed by this Court on 22.6.2011. Accordingly, the order dated 22.06.2011 is made absolute with a direction that t he petitioner shall be released on bail in the event of his arrest in connection with the aforesaid PS Case on his furnishing a bond of Rs. 20,000/- with one su rety of the like amount to the satisfaction of the arresting authority on furthe r condition that he shall appear before the IO of the case as and when called fo r. With the aforesaid order, the instant application is allowed and accordi ngly disposed of.