AB 859/2011 BEFORE THE HON’BLE MR. JUSTICE H. BARUAH By order dated 8.6.2011, 22.6.2011, 1.7.2011 and 207.2011, a direction was issue d to the Investigating Officer to make a prayer before the Judicial Magistrate t o record confessional statement of the accused and to place the same before this Court also with a direction to show cause as to why he did not pursue to obtain confessional statement of the accused. On account of non-production of confessi onal statement and non-intimation of the cause and non-recording of the statemen t, this Court time and again passed the orders as indicated above. Today, Invest igating Officer, namely - Shri Bibek Mazumdar, Sub-Inspector of Police appears i n person and files a copy of the order dated 25.2.2011, passed by the learned Ad ditional Chief Judicial Magistrate, Nalbari in connection with Bhangnamari P.S. Case No.4 of 2011. The order indicates that the accused when produced before the learned Addl. Chief Judicial Magistrate, Nalbari declined to confession and acc ordingly, prayer of the I.O. was rejected. It is submitted by Mr. K. Munir, learned P.P. that since the accused dec lined to make a confessional statement before the Addl. Chief Judicial Magistrat e in regard to his complicity, the Investigating Officer would be not in a posit ion to produce confessional statement of the accused though a prayer was made to the Addl. Chief Judicial Magistrate. In view of the above circumstances, the learned Addl. P.P. prays before this Court to dispense with the personal appearance of Shri Bibek Mazumdar. Taki ng note of the order dated 25.2.2011, the personal appearance of Shri Bibek Mazu mdar, S.I. is dispensed with. A.B. NO.859 OF 2011 Page 1 of 1 In regard to the bail application, filed by the petitioner under Section 438 CrP C, learned counsel for the petitioner as well as Mr. K. Munir, learned P.P. are heard at length. The case diary having been placed before this Court on requisition, the material s available in the case diary are meticulously perused. It appears that the case diary does not contain any substantial material to show complicity of the petit ioner in the alleged crime. Mr. Munir, learned P.P. in his usual fairness submits that no substantial materi al is available in the case diary. Taking note of the non-availability of the materials in the case diary and the s ubmissions of the learned counsel for the parties, the interim protection provid ed by an order dated 30.3.2011 is made absolute. The bail application stands disposed of. Copy of the order dated 25.2.2011 produced by Mr. B. Mazumdar, S.I. shall form p art of the record.