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
1
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.