Bench

Mr. Justice Bhishmadev Chakrabortty and

Mr. Justice A.K.M. Zahirul Huq

Criminal Miscellaneous Case No.35749 of 2024

Md. Rubel Sheikh        ....accused-petitioner

-Versus-

The State                             ....opposite party

Mr. Md. Saiful Islam, Advocate

                           .... for the petitioner

Mr.  Md.  Humayun  Kabir  Monju,  Deputy Attorney General

                   .... for the opposite party

Judgment on 29.08.2024.

Bhishmadev Chakrabortty, J:

In this Rule the opposite party was called upon to show cause as to why the accused-petitioner should not be enlarged on bail in Rajbari Police Station Case No.53 dated 25.04.2023 corresponding to GR No.197 of 2023 under sections 302, 326, 307 and 34 of the Penal Code read with sections 3 and 6 of the Explosive Substances Act, 1908 now pending in the Court of Chief Judicial Magistrate, Rajbari and/or to pass such other or further order or orders to this Court may seem fit and proper.

Mr. Md. Saiful Islam Sohel, learned Advocate for the petitioner taking us through the FIR and confessions made by the  petitioner  and  other  four  co-accused  submits  that  the petitioner is not named in the FIR. Subsequently he was made accused in this  case on the basis of  his  confession  and the confession  of  other  four  co-accused.  The  confession  of  this accused  is  to  some  extent  exculpatory.  The  other  four confessing  co-accused  who  are  more  or  less  on  the  similar footing has been granted bail by a bench of this Division. Under the  facts  and  circumstances  the  petitioner  is  entitled  to  the privilege of bail and the Rule be made absolute.

Mr.  Humayun  Kabir  Monju,  learned  Deputy  Attorney General on the other hand opposes the Rule and submits that the murder was pre meditated and this petitioner was carrying a pipegun in his hand. Although in the confession he did not state that he opened fire but he was a member of that party. In such situation, he is not entitled to the privilege of bail.

We have heard the learned Advocate for the petitioner and the learned Deputy Attorney General. It is found that none was named in the FIR as accused. The petitioner and four other co-accused made confessions under section 164 of the Code of Criminal  Procedure.  We  have  gone  through  the  confessions made by the accused. Although this petitioner was present in the place of occurrence but he did not take part in killing of the victim. He did not open fire. It is further found that two other co-accused  Md.  Azizul  Islam  alias  Juboraj  and  Md.  Golam Mostafa Sheikh who made confessions and are more or less on similar footing with the petitioner have been granted bail by a bench of this Division.

Considering the aforesaid facts, we find substance in the submission of the learned Advocate for the petitioner. 

Accordingly,  the  Rule  is  made  absolute.  Accused- petitioner Md. Rubel Sheikh, son of Md. Babu Sheikh should be  enlarged  on  bail  in  the  aforesaid  case  subject  to  the satisfaction of the Chief Judicial Magistrate, Rajbari.

However, the concerned Court will be at liberty to cancel the bail on any proven misuse.

Communicate the judgment and order at once. A.K.M. Zahirul Huq, J:

I agree.