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Md. Goni Patowary and another
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The State
Mr. M.D. Rezaul Karim, D.A.G along with Ms. Ferdousi Akter, A.A.G
Mr. Ashraf Uddin Khan, A.A.G
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Present
Mr. Justice Md. Khairul Alam
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01.04.2024 Let the delay of 229 days in filing the criminal revisional application be
condoned provisionally subject to any objection raised at the time of hearing of the rule.
Let records be called for and realization of fine be stayed.
Let a rule be issued calling upon the opposite party to show cause as to why the judgment and order dated 12.06.2023 passed by the learned Additional Sessions Judge, 1st Court, Laxmipur in Criminal Appeal No. 354 of 2021 dismissing the appeal and thereby affirming the judgment and order of conviction and sentence dated 01.09.2021 passed by the learned Additional Chief Judicial Magistrate, Laxmipur in G.R. Case No. 236 of 2017 arising out of Raipur Police Station Case No. 05 dated 05.12.2017 convicting the petitioners under sections 143 of the Penal Code and sentencing them there under to suffer rigorous imprisonment for 3 (three) months, convicting the petitioners under section 323 of the Penal Code and sentencing them there under to suffer rigorous imprisonment for 3 (three) months, convicting the petitioners under section 448 of the Penal Code and sentencing them there under to suffer rigorous imprisonment for 2 (two) months and also convicting the petitioners under section 427 of the Penal Code and sentencing them there under to suffer rigorous imprisonment for a period of 2 (two) months and all the sentences will run concurrently should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper.
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| Pending disposal of the rule, let the convict petitioners No.1 Md. Goni Patowari, son of late Abul Bashar Patowari, 2. Md. Pabel Patowari, son of Md. Goni Patowari be enlarged on ad-interim bail for a period of 1 (one) year from date on furnishing bail bond to the satisfaction of the learned Additional Chief Judicial Magistrate, Laxmipur. The rule is made returnable within 4 (four) weeks from date. The petitioner shall put in 2(two) sets of requisites within 7 days, for service of notice of the rule upon the opposite party in normal course as well as by registered post with A/D as per HCD Rules. Office shall not issue any certified copy or other copy of this order to the petitioner unless requisites are put in (vide HCD Rules, Chapter IV Rule 3(6). |
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