IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(CRIMINAL MISCELLANEOUS JURISDICTION)

Present:

Mr. Justice S M Kuddus Zaman

                                        And

Mr. Justice A.K.M. Rabiul Hassan

Criminal Miscellaneous Case No.34573 of 2024

Md. Momshed Ali @ Moonshed Ali

                .... Accused-Petitioner -Versus-

The State            

…. Opposite Party Mr. Md. Mahbub Ali with

Mr. Shyam Sundor Sinha, Advocates

.... For the petitioner. Mr. Sujit Chatterjee, D.A.G. with

Mr. Moududa Begum, A.A.G.

Mr. Mirza Md. Soyeb Muhit, A.A.G. Mr. Mohammad Selim, A.A.G.

Mr. Zahid Ahmed (Hero), AAG

.… For the State

Heard and Judgment on 01.08.2024

S M Kuddus Zaman, J:

On an application under section 498 of the Code of Criminal Procedure this Rule was issued calling upon the opposite party to show  cause  as  to  why  the  accused  petitioner  should  not  be enlarged on bail in Session Case No.01 of 2024 arising out of

Bahubal  Model  Police  Station  Case  No.06  dated  09.09.2022 corresponding  to  G.R.  Case  No.125  of  2022  under  Sections 143/341/302/114/34 of the Penal Code, now pending in the court of  learned  Special  Sessions  Judge, Hobigonj  and/or pass  such other or further order or orders as to this Court may seem fit and proper.

Facts in short are that it has been alleged in the FIR that pursuant to previous property dispute on 06.09.2022 at 4.00 P.M. the accused petitioner and other co-accused suddenly attacked victim Abul Khair Chowdhury and co-accused Shahabuddin and Hasan Chowdhury struck ramdaw blow on the head of victim Abul Khair Chowdhury and accused petitioner Md. Momshed Ali struck  a  fikil  blow  below  the  right  shoulder  of  above  victim causing his death.

Mr. Md. Mahbub Ali, learned Advocate for the petitioner submits  that  co-accused  Shahabuddin  who  allegedly  struck  a ramdaw blow on the head of victim Abul Khair Chowdhury has been  granted  bail  earlier.  The  petitioner  is  in  custody  in connection of this case for about 1 year and 11 months. But the trial of the case has not yet begun.

Mr. Sujit Chatterjee, learned Deputy Attorney General for the State raises objection against granting of bail to the petitioner at this point of time.

We  have  considered  the  submissions  of  the  learned Advocates for the respective parties and carefully examined all materials on record.

The name of the petitioner stands at serial No.3 in the FIR. It has been alleged that the accused petitioner struck a fikel blow below the right shoulder of victim Abul Khair Chowdhury. It further turns out from record that co-accused Shahabuddin struck a ramdaw blow on the head and co-accused Meherunnessa struck another dao blow on the belly of above victim and two co-accused have been granted bail earlier. Co-accused Nos.5 and 7 also have been granted bail earlier.

The petitioner is in custody in connection of this case for about 1 year and 11 months.

On  conclusion  of  above  materials  on  record  we  find substance  in  this  petition  under  Section  498  of  the  Code  of Criminal  Procedure  and  the  Rule  issued  in  this  connection deserves to be made absolute.

In the result, the Rule is hereby made absolute.   

Let the accused petitioner Md. Momshed Ali @ Moonshed Ali,  son  of  Md.Shawkat  Ali  be  enlarged  on  bail  subject  to furnishing  bail  bond  to  the  satisfaction  of  the  learned  Special Session Judge, Hobigonj.

The  concern  Court  is  at  liberty  to  cancel  the  bail,  if  the accused-petitioner misuses the privilege of bail

Communicate  this  judgment  and  order  to  the  Court concerned at once.

A.K.M. Rabiul Hassan, J:

I agree.

MD. MASUDUR RAHMAN      BENCH OFFICER