Present        

Mr. Justice Zafar Ahmed

And

Mr. Justice Khandaker Diliruzzaman

Criminal Miscellaneous Case No. 4346 of 2024 07.02.2024.

Mr. Md. Faizullah, Advocate

… For the petitioner

Mr. Md. Sarwar Hossain Bappi, DAG

...For the State

In the instant application for bail filed under Section 498 of

the Code of Criminal Procedure this Bench on 09.01.2024 issued a Rule, but did not pass any interim order granting ad-interim bail to the petitioner. However, at the time of drawing up the Rule issuing order, inadvertently an interim order granting ad-interim bail to the petitioner was also drawn up and signed by us.

After detection of the above-mentioned inadvertent mistaken order, the matter has been posted in today’s daily cause list for order. This Court has been informed that the accused-petitioner was not released from the jail custody.

In view of the above, the interim order dated 09.01.2024 is recalled and cancelled.

Office is directed to issue a fresh order as follows.

 Let a Rule be issued calling upon the opposite party to show cause as to why the accused-petitioner should not be enlarged on bail in Keraniganj Model Police Station Case No.17 dated 05.09.2023 corresponding to G.R. No. 580 of 2023 under Sections 170, 171, 395 of the Penal Code, 1860, now pending in the Court of the learned Chief Judicial Magistrate, Dhaka Dhaka and/or to pass such other or further order or orders as to this Court may seem fit and proper.

The Rule is made returnable within 4(four) weeks from date.

The petitioner is directed to put in 2(two) sets of requisite, within 7(seven) days, for service of notice of this Rule upon the opposite party/parties in normal course as well as by registered post with AD as per HCD Rules (Chapter-IV Rule 3(6).

The office shall not communicate any order or issue any certified copy of the Rule order or other copies of this matter to the petitioner unless requisites are put in as directed above.