In The Supreme Court of Bangladesh

High Court Division
(Criminal Revisional Jurisdiction)

PRESENT:

MR. JUSTICE MD. SHOHROWARDI Criminal Revision No. 501 of 2007

Md. Idris Ali

          ……Convict -petitioner. 

-Versus-

The State

……….Opposite party None appears

           ………...For the convict petitioner. Mr. SM Golam Mostofa Tara, D.A.G with Mr. A. Monnan, A.A.G

… For the State

Heard  on  08.02.2024,  22.02.2024,  07.05.2024          

Judgment delivered on 13.05.2024.

MD. SHOHROWARDI, J.

This Rule under section 439 read with section 435 of the Code of Criminal Procedure, 1898 was issued calling upon the opposite party to show  cause  as  to  why  the  impugned  judgment  and  order  dated 07.03.2007 passed by the Special Sessions Judge, Court No.2, Rajshahi in Criminal Appeal No.77 of 2002 affirming the judgment and order of conviction  and  sentence  dated  30.5.2002  passed  by  the  Additional District Magistrate, Rajshahi in Tanore P.S. Case No.13 dated 27.4.1995 corresponding  G.R. No. 447 of 1995 convicting the petitioner under section  22(ga)  of  the    and  sentencing  him thereunder to suffer rigorous imprisonment for 2(two) years and a fine of Tk.500/-, in default, to suffer simple imprisonment for two months 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.

2

The learned Deputy Attorney General Mr. SM Golam Mostofa Tara having filed a supplementary affidavit on 30.04.2024 annexed a death certificate dated 21.04.2024 issued by Md. Entaz Mollah, Panel Mayor  No.  2,  Tanore  Pourashava,  Rajshahi  stated  that  during  the pendency of the Rule the sole convict petitioner Md. Idrish Ali died on 15.03.2021. Therefore the Rule so far relates to convict petitioner Md. Edris Ali is abated in view of the provision made in section 431 of the Code of Criminal Procedure, 1898.

It reveals that the trial court also imposed a fine of Tk. 500, in default, to suffer imprisonment for 02(two) months. The fine imposed by the trial court is very negligible or small amount. Therefore, the fine of Tk. 500 award by the trial court is remitted.

In view of the above facts and circumstances of the case and proposition, the Rule so far relates to the convict petitioner Md. Edrish Ali is hereby abated and the fine of Tk. 500 is remitted.

Send down the lower court’s record at once.

(MD. SHOHROWARDI, J)