In the Supreme Court of Bangladesh

High Court Division

(Criminal Original Jurisdiction)

Present:

Mr. Justice Ashish Ranjan Das

    And

Mr. Justice Md. Riaz Uddin Khan

Criminal Misc. No. 26565 of 2023

In the matter of:

Md. Bacchu Howlader

      ……Accused-petitioners. Versus

The State .

                ..…Opposite party. None appears for the accused- petitioner.      Heard and Judgment on: 03.12.2023.

Ashish Ranjan Das, J.

This has been an application under Section 498 of

the Code of Criminal Procedure (for short the Code).

None appeared to press the Rule.

Although  the  matter  has  been  occurring  in  the daily cause list over the period.

 However, the learned Deputy Attorney General opposes the rule.

Short  fact  is  that  this  petitioner  alongwith  few others  used  to  be  habitual  dacoits.  According  to petitioner’s judicial confession in the fateful night. This petitioner and his friends committed dacoity and in the bargain one passenger of the vehicle a jump down and died.

Be that as it may according to the confession the petitioner is a habitual dacoit. Charge has already been framed and the matter is awaiting trial.

In the situation we find that no purpose of justice would be served if is enlarged on bail at this stage in this situation.

As a result the application is rejected and the Rule is discharged.

Communicate the order at once.

Send down the lower court record together with the copy of the judgment at once.

Md. Riaz Uddin Khan.J

I agree.