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Mr. Md. Emran Kahn, DAG with Ms. Nasrin Hena, AAG with

Mr. Md. Uzzal Hussain, AAG with Mr. Abu Saleh Apel Mahamud, AAG

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Present:

Mr. Justice Md. Shohrowardi

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05.09.2024  The supplementary affidavit do form part of the main

application.

Heard  the  learned  Advocate  Mr.  Khondakar  Iqbal Ahmed, who appeared on behalf of the convict-petitioner and the learned Deputy Attorney General Mr. Md. Emran Khan who appeared on behalf of the State.

The delay of 214 days in filing the revisional application 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 dated 29.11.2023 passed by Additional Sessions Judge, Court No.1, Manikganj in Criminal Appeal No. 291 of 2016 affirming the judgment and order of conviction and sentence dated 23.04.2015 passed by Senior Judicial Magistrate Court No.3, Manikganj in C.R Case No. 124(Daulatpur)12 and T.R No. 300 of 2014 under section 420 of the Penal Code, 1860 and sentencing the petitioner to suffer rigorous imprisonment for 3(three) years and pay a fine of Tk. 7,000(seven thousand), in default, to suffer imprisonment for 15 (fifteen) days 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.

Let the realization of fine be stayed.

The  learned  Advocate  Mr.  Khondaker  Iqbal  Ahmed appearing on behalf of the convict-petitioner having placed the supplementary affidavit sworn on 05.09.2024 submits that the offence  under  section  420  of  the  Penal  Code,  1860  is compoundable and he undertakes to settle the dispute out of court within 03 (three) months from date.

Considering the submission of the learned Advocate for the petitioner and the supplementary affidavit, I am inclined to enlarge the convict petitioner on bail for a period of 03 (three) months from date.

Let the convict-petitioner, Mehadi Hasan son of Hazi Waras  Ali  be  enlarged  on  bail  to  the  satisfaction  of  the Additional Sessions Judge, Court No.1 Manikganj for 03(three) months from date.

The convict petitioner is directed to file an affidavit of compliance without fail before expiry of the order granting bail.