In The Supreme Court of Bangladesh

  High Court Division

  (Criminal Miscellaneous Jurisdiction)

PRESENT:

         MR. JUSTICE ABU TAHER MD. SAIFUR RAHMAN

AND

    MR. JUSTICE MD. ATABULLAH

CRIMINAL MISCELLANEOUS CASE NO. 57122 OF 2023

Din Islam and another........…...Accused-petitioners

-Versus-

The State................Opposite party

Mr. Md. Saiful Islam, Advocate

.....For the accused petitioners Mr. K.M. Masud Rumy, DAG with

Mr. Md. Ahsan Ullah, AAG and

Mrs. Aleya Khandker, AAG

...For the opposite party Heard and judgment on: The 12th of May, 2024

ABU TAHER MD. SAIFUR RAHMAN, J.

This Rule was issued on an application filed by the accused petitioners under section 498 of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the accused-petitioners should not be enlarged on bail in Dakkhin Sunamganj Police Station Case No. 05 dated 19.07.2023, corresponding to G.R. Case No. 69 of 2023 under sections 143 /341 /323 /325 /326/ 307/ 302/ 427 /114 of the Penal Code now pending in  the  Court  of  learned  Chief  Judicial  Magistrate,

Sunamganj and/or such other or further order or orders passed as to this Court may seem fit and proper.

At the time of issuance of the Rule, this Court was pleased  to  granted  ad-interim  bail  to  the  accused- petitioners for 6 (six) months from the date.

Mr. Md. Saiful Islam, the learned Advocate for the petitioners submits that that the accused petitioners did not misuse the privilege of bail.

Mr.  K.M.  Masud  Rumy,  the  learned  Deputy Attorney General for the state finds difficult to oppose the Rule.

Heard the submissions of the learned Advocates of both sides and perused the petitioners’ application along with the materials on record thoroughly. 

Since there is no allegation of misuse of the ad- interim bail, we are inclined to confirm the aforesaid ad- interim bail till to disposal of the case.

As a result, the Rule is made absolute.

Ad-interim  bail  was  granted  to  the  accused petitioners (1) Din Islam and (2) Fajar Islam, both sons of late Iman Ali in connection with Dakkhin Sunamganj Police  Station  Case  No.  05  dated  19.07.2023, corresponding  to  G.R.  Case  No.  69  of  2023  under sections 143 /341 /323/325/ 326/307 /302/ 427/114 of the Penal Code, 1860 now pending in the Court of Chief Judicial Magistrate, Sunamganj is hereby confirmed till to disposal of the case.

Send a copy of this information and order to the Chief  Judicial  Magistrate,  Sunamganj  for  information and necessary action.

The Court below is at liberty to cancel his bail in case of misuse.

Md. Atabullah, J:

I agree