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Md. Asif @ Bhanga (Samner Dat Bahanga) and another          B−hceL¡l£

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The State

Mr. M.D. Rezaul Karim, D.A.G with

Ms. Farhana Afroze Runa, A.A.G

Mr. Mohammad Abdul Aziz Masud, A.A.G Mr. Md. Shamim Khan, A.A.G

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                  Present

Mr. Justice Md. Atoar Rahman                     and

Mr. Justice Md. Ali Reza

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04.06.2024  Heard the learned Advocate and perused the petition for bail of the

accused-petitioner under section 498 of the Code of Criminal Procedure and the documents annexed thereto.

That the learned advocate for the petitioner submits that the petitioners have been sufferings inside of jail from the date of their arrest i.e on 15.12.2016 and 16.12.2016 respectively. On consideration of the long detention of the jail i.e the petitioner have been sufferings from jail more than 7 years 6 months without concluding  the  trial.  The  learned  advocate  further  submits  that  there  is  no likelihood to conclude the trial in near future.

Mr. M.D. Rezaul Karim, the learned Deputy Attorney General, appearing for the state opposes the contentions so far made by the learned Advocate for the petitioner.

  Let a Rule be issued calling upon the opposite party to show cause as to why the accused-petitioner should not be enlarged on bail in Metro Sessions Case No. 4195 of 2018 arising out of Lalbag Police Station Case No. 13 dated 11.12.2016 corresponding to G.R. No. 252 of 2016 under sections 341/394/302/201/411/34 of the Penal Code, now pending in the Court of Additional Metropolitan Sessions Jduge, 6th Court, Dhaka and/or passed 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 accused-petitioners 01. Md. Asif @ Bhanga (Samner Dat Bhanga) son of late Abul Hossain and 02. Md. Rana, son of Abdur Rahim be enlarged on ad-interim bail for 01 (one) year from date on furnishing bail bond subject to the satisfaction of the learned Additional Metropolitan Sessions Jduge, 6th Court, Dhaka.  

The Rule is made returnable within 04 (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 the provisions of the Supreme Court of Bangladesh (High Court Division) Rules, 1973. The office shall not issue any certified copy or other copy of this order to the petitioner unless requisites are put in as per the provisions of above Rules.

The court below is at liberty to cancel the bail of the petitioner in accordance with law, if the privilege of bail is misused by him in any manner.

The accused-petitioners are also directed to file affidavit of facts stating the latest position of the case if further extension of bail is needed.

Shajedul/ABO

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