Present:

Mr. Justice Zafar Ahmed

And

Mr. Justice Khandaker Diliruzzaman

Criminal Miscellaneous Case No. 9485 of 2024

Most. Shahida Begum

...Accused petitioner. -Versus-

The State

…Opposite party.

Mr. Md. Mehebub Hossain, Advocate

...For the petitioner Ms. Moududa Begum (Fancy) with

Mr. Mohammad Selim and

Mr. Mirza Mohammed Soyeb Muhit, AAGs

.........For the State.

Heard and Judgment on: 19.03.2024

Zafar Ahmed, J.

In this application filed under Section 498 of the Code of Criminal Procedure, Rule was issued on 08.02.2024 calling upon the opposite party to show cause as to why the accused petitioner should not be enlarged on bail in Sessions Case No. 1293 of 2019 arising out of Boraigram Police Station Case No. 19 dated 13.02.2019 corresponding to G.R. No. 42 of 2019 (Borai) under Sections 302, 201 and 34 of the Penal Code, now pending in the Court of Additional Sessions Judge, Court No. 03, Natore.

At the time of issuance of the Rule, the petitioner was granted ad-interim bail on 08.02.2024. Thereafter, at the

instance of the learned Advocate Mr. Mehebub Hossain appearing for the petitioner, the matter came up in the daily cause list for order.

Today, when the matter was taken up for hearing, the learned Advocate submits that earlier an application for bail on behalf of the petitioner was filed before this Court this Division being Criminal Miscellaneous Case No. 11999 of 2022 and a Division Bench of this Court on 08.03.2022 issued a Rule Nisi and granted ad-interim bail to the petitioner. Challenging the ad-interim order of bail, the State preferred Criminal Petition For Leave To Appeal No. 495 of 2022 and the Hon’ble Judge- in-Chamber stayed the ad-interim order of bail. The said Criminal Petition For Leave To Appeal No. 495 of 2022 is still pending for hearing. The learned Advocate further submits that meanwhile, Criminal Miscellaneous Case No. 11999 of 2022 has been disposed of on 10.08.2023. The learned Advocate submits that at the time of moving the motion on 08.02.2024, he was not aware of those facts. Subsequently, being aware of those facts, he mentioned the matter before this Court. The learned Advocate informs this Court. the learned Advocate informs this Court that the petitioner has already been released from jail hajat.

In the circumstances, mentioned above the Rule is discharged.

The accused petitioner is directed to surrender before the Court concerned within 8 weeks from the date of receipt of this order failing which the Court concerned shall take steps in accordance with law to secure the arrest of the petitioner.

In the result, the Rule is discharged with the above direction.

The conduct of the learned advocate appearing for the petitioner as an officer of the Court is highly appreciated.

Office is directed to send a copy of this judgment and order to the concerned Court below immediately.

Khandaker Diliruzzaman, J.

I agree.

Mazhar/BO

Filename:  Crl Misc. No. 9485 of 2024 Discharged 498.doc

Directory:  E:\Mazhar BO\Court No. 17A from 29.10.2023 Criminal J

Diliruzzaman\498 bail hearing absolute

Template:

C:\Users\User\AppData\Roaming\Microsoft\Templates\Normal.do tm

Title:

Subject:

Author:  Guest

Keywords:

Comments:

Creation Date:  3/20/2024 11:51:00 AM

Change Number:  24

Last Saved On:  3/21/2024 10:18:00 AM

Last Saved By:  User

Total Editing Time:  20 Minutes

Last Printed On:  3/24/2024 2:16:00 PM

As of Last Complete Printing

Number of Pages: 3

Number of Words:  440 (approx.)

Number of Characters:  2,514 (approx.)