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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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17.12.2024 In preferring the Criminal Revision under section 439
read with section 435 of the Code of Criminal Procedure there had been a delay of 174 days for which the petitioner filed an application under section 5 of the Limitation Act.
Considering the facts and circumstances, the delay of 174 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 24.04.2024 passed by the learned Additional Sessions Judge, 1st Court, Brahmanbaria in Criminal Appeal No. 123 of 2022 dismissing the appeal and thereby affirming the judgment and order of conviction and sentence dated 21.03.2022 passed by the learned Senior Judicial Magistrate, 1st Court, Brahmanbaria in C.R. Case No. 13 of 2019 (Nabinagar) convicting the convict petitioner under sections 420 of the Penal Code and sentencing him to suffer rigorous imprisonment for 01 (one) year and also to pay a fine of Tk. 5,000/- in default to suffer simple 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 Jahor Miah, son of late Abdul Haque 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, Brahmanbaria.
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
âøhÉx L¡m¡ L¡¢ma A¢gp ®e¡Vl HL¢V œ²¢jL eðl Hhw m¡m L¡¢ma ®L¡VlÑ Bcnl BlL¢V œ²¢jL eðl qChz ew pfj (h¡x h¡x ®L¡x)/®i¢Vw/g-110/85-3583
D:\Annex 14\Kashem, B.O\Crl. Motion, Sinbgal Bench\20.10.2024\Brahmanbaria-Jahor Miah.doc