Present

Mr. Justice Sheikh Abdul Awal

Criminal Revision No. 876 of 2011              Md. Roni (23)

  .............Accused-petitioner. -Versus-

                      The State 

                                                                  .....Opposite party.

                      No one appears.

        .....For the accused-petitioner. Ms. Shahida Khatoon, D.A.G with

Ms. Sabina Perven, A.A.G with

     Ms. Kohenoor Akter, A.A.G.

                       ........For the opposite party

Judgment on 08.02.2024.

Sheikh Abdul Awal, J:

This Rule was issued calling upon the opposite party to show cause as to why the impugned judgment and order dated 08.07.2011 passed by the learned Special Sessions Judge, Special Sessions Judge Court No. 7, Dhaka in Criminal Appeal No. 23 of 2011 dismissing the appeal and affirming the judgment and order of conviction and sentence dated 26.05.2011 passed by the learned Additional District Magistrate, Dhaka in Criminal Appeal No. 54 of 2011 dismissing the appeal in modifying the judgment and order of conviction and sentence dated 27.01.2011 passed by the

learned Executive Magistrate, Rapid Action Batalian, Dhaka in Mobile Court Case No. Rab Sadar 38 of 2011 convicting the petitioner under table  7(Ka) of section 19(1) of the Madok Drobya Niyantran Ain, 1990 and sentencing him thereunder to suffer imprisonment for a period of 06(six) months and to pay a fine of Tk. 1,00,000/-(One Lac) in default to suffer imprisonment for 3 (three) months more should not be set-aside and/or such other or further order or orders passed as to this Court may seem fit and proper.

No one appears for the petitioner.

In view of the fact that this petty old criminal Revision arising out of 06(six) months sentence has been dragging before this Court for more than 12 years, I am inclined to dispose of the same.

At the time of pronouncement of judgment, it appears from the record that this Court on 24.07.2011 at the time of issuance of the Rule granted ad-interim bail to the accused petitioner for a period of 03(three) months, which was lastly extended on 02.06.2014 for a period of 06(six) months from the date and thereafter, no one took any steps to extend the order of bail, as a result of which the said bail was expired long before on 02.12.2014. In that view of the above, I have no hesitation to hold that the convict petitioner is a fugitive from law and justice.

In the case of Anti-Corruption Commission Vs. Dr. HBM Iqbal Alamgir, reported in 15BLC, wherein it has been observed by the Appellate Division that Court would not act in aid of an accused person who is a fugitive from law and justice.

In view of the above, this Rule must fail.

In the result, the Rule is discharged. The convict- petitioner, Md. Roni (23) is directed to surrender her bail bond within 3 (three) months from today to suffer his sentence, failing which the learned Executive Magistrate concerned shall take necessary steps to secure arrest against the convict petitioner.

Send down the lower Court records at once.