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Abu Jahid  B­hceL¡l£

j¡dÉj        Ms. Aklima Akter Hira, Advocate

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The State

Ms. Shiuli Khanom, D.A.G along with

         Mr. S.M. Emamul Musfiqur, A.A.G

         Mr. Md. Humayun Karim Siddique, A.A.G

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Present

Mr. Justice Md. Khairul Alam

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26.11.2024         In preferring the Criminal Revision under section 439 read with

section 435 of the Code of Criminal Procedure there had been a delay of 91 days for which the petitioner filed an application under section 5 of the Limitation Act.

        Considering the facts and circumstances, the delay of 91 days in filing the revision is hereby condoned.          

         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 19.05.2024 passed by the learned Additional Sessions Judge, 2nd Court,

Mymensingh in Criminal Appeal No. 229 of 2022 dismissing the appeal and thereby affirming the judgment and order of conviction and sentence dated 22.03.2022 passed by the learned Chief Judicial Magistrate, Mymensingh in G.R. Case No. 287of 2015 arising out of Tarakanda Police Station Case No. 11 dated 22.12.2015 convicting the convict petitioner under section 326 of the Penal Code, 1860 and sentencing him to suffer rigorous imprisonment for 03 (three)  years and also pay fine of Tk. 1,000/-  (one  hundred))  in  default  to  suffer  rigorous imprisonment for 01 (one) month 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.

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Pending  disposal  of  the  rule,  let  the  convict petitioner Abu Jahid, son of late Harun or Rashid  be enlarged on ad-interim bail for a period of 01 (one) year on furnishing bail bond to the satisfaction of the learned Chief Judicial Magistrate, Mymensingh.

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).

Kashem/B.o

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