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Mr. A. Monnan, A.A.G                                       

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01.07.2024  Heard  the  learned  Advocate  Mr.  Emdadul  Haque  Emdad  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 117 days in filing criminal revision is condoned. Records be called for.

Let a Rule be issued calling upon the opposite party to show cause as to why the impugned judgment and order dated 01.01.2024 passed by the Additional Sessions Judge, Court No. 5, Sylhet in Criminal Appeal No. 243 of 2020 allowing the appeal in part thereby modifying the judgment and order of conviction and sentence dated 14.11.2017 passed by the Chief Judicial Magistrate, Sylhet in Jointapur Police Station Case No. 11 dated 14.07.2013 corresponding to G.R. No. 105 of 2013 reducing sentence of the convict-petitioner under Section 326 of the Penal Code, 1860 to suffer rigorous imprisonment for 02(two) years and to pay a fine of Tk. 10,000 (ten  thousand)  in  default  to  suffer  simple  imprisonment  for  04(four) months in lue of 03(three) years and to pay a fine of Tk. 10,000 (ten thousand) in default to suffer simple imprisonment for 04(four) months should not be set aside and/or such other or further order or orders passed 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.

Let the convict-petitioner Abul Hossain, son of Abdul Khalique be enlarged on bail for 6(six) months from the date on furnishing bail bond to the satisfaction of the Chief Judicial Magistrate, Sylhet.

The office is directed to serve the notice upon the opposite party by usual course as well as registered post with acknowledgment receipt.

The convict-petitioner is directed to put in the requisites forthwith.