Present:

Mr. Justice Md. Shohrowardi

Mr. Golam Abbas Chowdhury, Advocate with

Mr. Khan Mahamudul Hasan, Advocate

........For the appellant petitioner.

Mr. Md. Emran Kahn, DAG with Ms. Nasrin Hena, AAG with

Mr. Md. Uzzal Hussain, AAG with Mr. Abu Saleh Apel Mahamud, AAG

……..For the State

01.09.2024

This  is  an  application  for  bail  in  pending  appeal  filed  against  the judgment and order of conviction and sentence dated 20.03.2024 passed by the Special Judge, Court No. 7, Dhaka in Special Case No. 06 of 2022(Metro Special Case No. 154 of 2020) arising out of Dudok Sozeka Dhaka-1 Case No. 8 dated 20.10.2020 convicting the petitioner under section 409 of the Penal Code, 1860 and sentencing him thereunder to suffer rigorous imprisonment for 5 (five) years and to pay a fine of Tk. 292318.40.

The  learned  Advocate  Mr.  Golam  Abbas  Chowdhury  appearing  on behalf of the appellant submits that during covid period from April 2020 to June 2020 total Tk. 2,92,318.40 were wrongly credited in the account of the convict petitioner and at the relevant time there was government holy day due to covid situation and after re-opening the office, he deposited the said amount on 06.07.2020. He further submits that in the mean time the appellant served in the custody more than 05 months. Therefore, he prayed for bail.

The learned Deputy Attorney General Mr. Md. Emran Khan appearing on behalf of the state opposes the prayer for bail.

 I have perused the evidence, the impugned judgment and order passed by the trial court and the application for bail.

Considering the submission of the learned Advocate for the appellant evidence, facts and circumstances of the case and the period of custody, I am inclined to enlarge the appellant petitioner on bail.

Pending hearing of the appeal, let the appellant petitioner Md. Shatil Bin Razzak son of Md. Abdul Razzak be enlarged on bail for 6 (six) months from date subject to satisfaction of the Special Judge, Special Court No. 7, Dhaka.