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Md. Khoyrat Hossain
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The State
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Mr. Sultan Mahmood Banna, A.A.G with Mrs. Sharmin Hamid Ali, A.A.G
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Present:
Mr. Justice Md. Shohrowardi
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14.01.2025
The delay of 416 days in filing criminal revision is hereby
condoned.
Records be called for.
Let a Rule be issued calling upon the opposite party to show cause as to why the judgment and order of conviction and sentence dated 20.09.2023 passed by Additional Metropolitan Sessions Judge, Court No.1, Chattogram in Criminal Appeal No. 490 of 2023 affirming the judgment and order of conviction and sentence dated 15.01.2023 passed by Metropolitan Magistrate, Court No.4, Chattogram in C.R. Case No. 198 of 2021 (Potenga) (T.R No. 488/2022) convicting the petitioner under section 420 of the Penal Code, 1860 and sentencing him to suffer rigorous imprisonment for 01(one) year 06(six) months and to pay a fine of Tk. 10,000/- (ten thousand), in default, to suffer simple imprisonment for 3 (three) months more should not be set aside and/or pass such other or further order or orders as to this court may seem fit and proper.
The Rule is made returnable within 4(four) weeks from date. The realization of fine be stayed.
The learned Advocate Mrs. Mahabuba Huq appearing on behalf of the convict petitioner submits that the offence under section 420 of the Penal Code, 1860 is compoundable and the convict petitioner shall settle the dispute regarding the transaction made between the complainant and the accused within 06 (six) months from the date. He prayed for bail of the convict petitioner.
Considering the submission of the learned Advocate for the convict petitioner, I am inclined to enlarge the convict petitioner Md. Khoyrat Hossain on bail.
Pending hearing of Rule, let the convict-petitioner, Md. Khoyrat Hossain son of late Kabir Hossain be enlarged on bail subject to satisfaction of the Metropolitan Magistrate, Court No. 4, Chattogram for a period of 6 (six) months from date.
The learned Advocate for the convict petitioner is directed to file an affidavit-of-compliance if the order granting bail is required to be extended.