AB 2604/2011 BEFORE HON’BLE MR. JUSTICE C. R. SARMA By this application filed under Section 438 CrPC, the petitioner, namely, Sri Mi lan Sahariah, has prayed for releasing him on pre-arrest bail in connection with Khairabari PS case No.74 of 2005 under Sections 376/417 IPC (G.R. case No.1121 of 2005). The learned counsel for the petitioner has submitted that vide order dat ed 14-5-08, the learned Judicial Magistrate, First Class, Darrang, Mangaldoi iss ued a non-bailable warrant of arrest against the petitioner after receipt of the chargesheet wherein the petitioner was shown as absconder. It is submitted that the case was registered on the basis of the FIR lodged by Sri Babul Saharia on 16-10-05. On behalf of the petitioner,the learned counsel has submitted that the petitioner is ready and willing to appear before the learned Magistrate, First Class and participate in the trial. In view of the above, I am of the considered opinion that an opportunity should be given to the petitioner to appear before the learned Magistrate. Accordingly, the petitioner is directed to appear before the learned Jud icial Magistrate, First Class, Darrang, Mongaldoi on 12-9-11 and seek necessary relief. On such appearance, the learned Magistrate, First Class shall pass neces sary order as per law. Till then, the execution of the non-bailable warrant of arrest, if any, issued by the learned Magistrate, First Class against the petitioner shall remai n suspended. With the aforesaid directions, this criminal petition is dispose d of..