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Mr. S.M. Golam Mostofa Tara, D.A.G with Mr. A. Monnan, A.A.G
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Present:
Mr. Justice Md. Shohrowardi
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18.03.2024 Heard the learned Advocate Mr. Kazi Mohammad Moniruzzaman Dablu who appeared on behalf of the convict-petitioner and the learned Deputy Attorney General Mr.
S.M. Golam Mostofa Tara who appeared on behalf of the State. The delay of 103 days in filing the revisional application
is hereby condoned.
Records be called for.
Let a Rule issued calling upon the opposite-party to show case as to why the judgment and order conviction and sentence dated 02.10.2023 passed by the Additional Session Judge, Second Court, Rajbari in Criminal Appeal No. 62 of 2023 dismissing the appeal and thereby upholding the judgment and order of conviction and sentenced dated 13.02.2023 passed by the learned Chief Judicial Magistrate, Rajbari in C.J.M No. 25 of 2014 arising out of Goalanda Ghat Police Station Case No. 19 dated 18.10.2013 corresponding G.R No. 256 of 2013 convicting the petitioner under Table 1(Ka) of section 19(1) of the and sentencing him to suffer rigorous imprisonment for a period of 02 (two) years and to pay a fine of Tk. 10,000 (ten thousand), in default, to suffer simple imprisonment for 06 (six) months 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.
Pending hearing of the Rule, the realization of fine be stayed.
Let the convict-petitioner, Md. Lal Kha son of Md. Latif Kha be enlarged on bail to the satisfaction of the Additional Sessions Judge, Second Court, Rajbari for 06(six) months from date.
The office is directed to serve the notice upon the opposite parties by usual course as well as registered post with acknowledgment receipt.
The convict petitioner is directed to put in the requisites forthwith.