Present:

Mr. Justice Md. Shohrowardi

Criminal Rule No. 192 (Con-A) of 2023 Humayun Kabir

...Appellant-petitioner           -Versus-

The State and another

...Respondents

Mr. Niaz Morshed,  

...For the appellant-petitioner Mr. S.M. Golam Mostofa Tara, D.A.G with

Mr. A. Monnan, A.A.G

...For the State

Heard on 10.06.2024

Judgment delivered on 10.06.2024

This Rule under Section 5 of the Limitation Act, 1908 was issued calling upon the respondent to show cause as to why the delay of 1476 days in filing the criminal appeal against the judgment and  order  dated  30.05.2019 passed by  Divisional  Special  Judge, Barishal in Special Case No. 14 of 2018 arising out of Kotowali Model Police Station Case No. 15 dated 06.08.2023 corresponding G.R. No. 473 of 2013 should not be condoned and/or pass such other order or further order or orders as to this Court may seem fit and proper.

Learned  Advocate  Mr  Niaz  Morshed  having  placed  the application  for  condonation  submits  that  the  charge  sheet  was submitted on 30.04.2018 and the Divisional Special Judge, Barisal issued a warrant of arrest against the appellant on 14.11.2018 and fixed the next date for execution of the warrant of arrest of the accused but before sending the report from the concerned Police Station, the Divisional Special Judge, Barishal published the gazette notification and within next 6 months concluded the trial and passed the  impugned  judgment  and  order  dated  30.05.2019  beyond  the knowledge of the appellant-petitioner. In the above backdrop of the case, the appellant was not aware of the impugned judgment passed

against  him  for  which  it  was  delayed  by  1476  days  which  is unintentional and bonafide. Therefore, he prayed to make the Rule absolute.  

Learned Deputy Attorney General Mr. S.M. Golam Mostofa Tara appearing on behalf of the State submits that the appellant is a banker and FIR named accused and after lodgment of the FIR, he absconded and intentionally he did not appear in Court during the trial of the case. Therefore, he prayed for discharging the Rule.

I have considered the submission of the learned Advocate Mr.  Niaz  Morshed  who  appeared  on  behalf  of  the  appellant- petitioner and the learned Deputy Attorney General Mr. S.M. Golam Mostofa  Tara  who  appeared  on  behalf  of  the  State,  impugned judgment and order passed by the trial Court and the records.

The appellant-petitioner had given a reasonable explanation for  the  delay  of  1476  days  in  the  application.  Therefore,  I  am inclined to condone the delay of 1476 days.

I find merit in the Rule.

In the result, the Rule is made absolute.

The delay of 1476 days in filing the criminal appeal against the impugned judgment and order passed by the trial Court is hereby condoned.     

However, there will be no order as to costs. The office is directed to do the needful.