Criminal Appeal No. 11283 of 2023

Present :

31.01.2024  Mr. Justice Md. Rezaul Haque

          And

Mr. Justice Md. Khairul Alam

Mr. Md. Abdul Bakr, Advocate

......For the convict-appellant-petitioner Ms. Yesmin Begum Bithi, DAG

...For the State This is an application for bail in a pending appeal.

The convict-appellant has been convicted under Table 14 (Ga) of section 36 (1) of the Madok Drabbya Niyantron Ain, 2018 and sentenced to suffer rigorous imprisonment for

12  years  with  a  fine  of  Tk.  10,000/-  in  default  to  suffer

rigorous imprisonment for 01(one) month more.

Mr. Md. Abdul Bakr, learned Advocate appearing for the  convict  appellant-petitioner  has  submitted  that  the convict appellant was arrested on 13.01.2021 in connection with this case and he was enlarged on bail on 04.05.2021. During the bail, he never misused the privilege of bail. At the time of the pronouncement of judgment i.e. on 30.10.2023, the appellant was present before the Court and was sent to jail and since then he has been languishing in jail and until now he has suffered 7 months in jail. Learned Advocate has further submitted that the prosecution failed to adduce any

independent and impartial witness in support of the prosecution story i.e. as to the recovery of 150 battles of phensedyl from the possession of the appellant and therefore, there is every chance of acquittal of the appellant, but though the appeal is ready for hearing there is no chance of early hearing. Accordingly, he has prayed for enlarging the appellant on bail. 

Ms. Yesmin Begum Bithi, the learned Deputy Attorney

General for the respondent has opposed the prayer for bail of the appellant.

We have considered the submissions of both sides, perused the evidence and other materials on record.

Admittedly, this is an appeal of 2023. The appellant has been sentenced to suffer rigorous imprisonment for 12 years with a fine. It has been alleged that no independent and impartial witness supported the prosecution story i.e. the recovery of 150 battles of phensedyl from the possession of the appellant and therefore, there is every chance of acquittal of the appellant. During trial, the appellant was on bail and he never misused the privilege of bail. Though the appeal is ready for hearing there is no chance of early hearing. In that view of the matter, the prayer for bail of the appellant is allowed.

Let the Convict-appellant Md. Rafiqul Islam, son of Atahar Mollah be enlarged on bail till the disposal of the appeal after furnishing bail bond to the satisfaction of the learned Additional Sessions Judge, 1st Court, Kushtia.

Kashem/B.O