Present

Mr. Justice Sheikh Abdul Awal

Criminal Appeal No. 11849 of 2018

Md. Lokman Hossen

.............Convict-appellant. -Versus-

The State

                                                             ............Respondent.                          Mr. Md. Hemaithullah, Advocate

      .....For the convict-appellant.

                         Ms. Israt Jahan, A.A.G with

      Ms. Kamrunnahar Lipi, A.A.G.

                      ............. For the respondent.

Judgment on 05.12.2024.

Sheikh Abdul Awal, J:

This  criminal  appeal  at  the  instance  of  convict appellant,  Md.  Lokman  Hossen  is  directed  against  the impugned judgment and order of conviction and Sentence dated 22.102018 passed by the learned Judge, Nari-O-Shishu Nirjatan Daman Tribunal No. 01, Brahmanbaria in Nari-O- Shishu case No. 318 of 2010 arising out of G.R. No. 196 of 2010 corresponding to Brahmanbaria Mopdel Police station  Case  No.  11,  dated  04.03.2010  convicting the

accused appellant under section 11(Ga) of the Nari-O- Shishu Nirjatan Damon Ain, 2000 (amended in 2003) and  sentencing  him  thereunder  to  suffer  rigorous

imprisonment for a period of 01(one) year and to pay a fine of Taka 50,000/-(fifty thousand) in default to suffer rigorous imprisonment for 06 (six) months more.

Mr.  Md.  Hemaithullah,  the  learned  Advocate appearing for the convict appellant submits that the convict appellant is innocent, who has been made scapegoat in the case  although  the  learned  Judge,  Nari-O-Shishu  Nirjatan Daman Tribunal No. 01, Brahmanbaria without considering  the evidence on record from a correct angle most illegally found the accused appellant guilty under section 11(Ga) of the Nari-O-Shishu Nirjatan Damon Ain, 2000 (Amended in 2003). 

Having  heard  the  learned  Advocate  and  having perused the record.

At  the  time  of  pronouncement  of  judgment, it appears from the record that this Court on 13.11.2018 at the time of admission of appeal granted ad-interim bail to the accused appellant for a period of 01(one) year and thereafter, no one took any steps to extend the order of bail, as a result of which the said bail was expired long before on 13.11.2019. In that view of the matter, I have no  hesitation  to  hold  that  the  convict  appellant  is  a fugitive from law and justice.

In the case of Anti-Corruption Commission Vs. Dr. HBM Iqbal Alamgir, reported in 15 BLC(AD) 44, it has been  held  that  the  Court  would  not  act  in  aid  of  an accused person, who is a fugitive from law and justice.

In view of the above, this Appeal must fail.

        In the  result,  the  appeal  is  dismissed.  Since  the appeal is dismissed the convict- appellant Md. Lokman Hossen is directed to surrender their bail bond within 3 (three) months from today to suffer his sentence, failing which the Trial Court below shall take necessary steps to secure arrest against the convict-appellant.

Send down the lower Court records at once.