Present:

                 Mr. Justice A.K.M. Asaduzzaman

And

                  Mr. Justice Syed Enayet Hossain

         Criminal Misc. Case No. 14257 of 2008

Tarique Rahman

       ……………Petitioner. -Versus-

                            The State

……….Opposite party.

Mr. A.M. Mahbub Uddin, Senior Advocate with Mr. Kayser Kamal, Advocate with

Mr. Md. Zakir Hossain Bhuiyan, Advocate with Mr. Md. Moniruzzaman Asad, Advocate with Mr. Gazi Kamrul Islam, Advocate with

Mr. Md. Shahiduzzaman, Advocate with

Mr. Md. Mahmudul Arefin, Advocate with

Mr. Maksud Ullah, Advocate with

Mr. K.R. Khan Pathan, Advocate with

Mr. Md. Roqonuzzaman, Advocate with

Mr. H.M. Shanjid Siddique, Advocate with

Mr. Khan Md. Moinul Hasan, Advocate with Ms. Tamanna Khanam Irin, Advocate with

Mr. M. Sabbir Ahmed, Advocate and

Mr. Manabendrey Roy Madol, Advocate and

Mr. Tariqul Islam, Advocate and 

Mr. M. Mahbubur Rahman Khan, Advocate

…….For the petitioner.

Mr. Md. Jasim Sarker, D.A.G. with

Mr. Rasel Ahmmad, D.A.G. with

Mr. Md. Geas Uddin Gazi, A.A.G. with

Mrs. Shamima Akhter Banu, A.A.G. and

Mrs. Laboni Akter, A.A.G.

.. ... For the state.

Heard and judgment on 23rd October, 2024. A.K.M. Asaduzzaman,J.

This rule was issued calling upon the opposite party to

show cause as to why the petitioner should not be enlarged on bail in Special Case No. 18 of 2008 arising out of the Metro Special Complaint Petition Case No. 109 of 2008 under section 165 and 166 of the Income Tax Ordinance, 1984 read with Rule 15 of the Emergency  Power  Rules  2007,  now  pending  in  the  Court  of Special Judge, Court No.10, Sher-e-Bangla Nagar, Dhaka.

Since  the  petitioner  failed  to  get  bail  from  the  court below,  he  moved  before  this  Hon’ble  Court  and  obtained  the instant rule and ad-interim bail.

It  is  submitted  that  considering  the  submission  of  the

petitioner to the effect that the petitioner has got a fair chance of acquittal in this case, he was granted ad-interim bail earlier by this Court.  The  case  is  still  pending  without  any  progress  and commencement of trial is uncertain. Thereafter since he did not misuse the privilege of bail, as such the learned advocate prays for confirmation of bail of the petitioner.

The  learned  Deputy  Attorney  General  appearing  for  the opposite party opposes the rule.

Heard the learned Advocate of both the sides and perused the record and the documents annexed to the application.

Perusing the FIR and other relevant documents annexed to the application, we find substance in the submission of the learned Advocate for the petitioner and the petitioner since did not misuse the privilege of bail, as such we are inclined to confirm his bail. 

In the result, the Rule is made absolute and the bail granted earlier by this Court to the petitioner is hereby confirmed.

Communicate the order at once. Syed Enayet Hossain, J:

I agree.