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DISTRICT- DHAKA

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CRIMINAL MISCELLANEOUS JURISDICTION)

CRIMINAL MISCELLANEOUS CASE NO. OF 2018

IN THE MATTER OF:

An application for bail under section

498 of the Code of Criminal

Procedure.

AND

IN THE MATTER OF:

Md. Nurul Islam

Son of Year Hossen

Of Kodalkata

( Bangara Poschim) , Fakir Bari

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Police Station- Bangara Bazer

District- Comilla

At Present- Buighor, Kutub Pur,

Canel Par, Sahalam er barir samne

Mosaraf Hossen er Barir Nichtala,

Police Station- Fatullah, District:

Narayanganj,

----Accused-petitioner
(In Jail Hajat)
VERSUS

The State, represented by the

Deputy Commissioner, Dhaka .

-----Opposite party

AND

IN THE MATTER OF:

Prayer for bail in Palton Model

Police Station Case No 12 dated

08.02.2018 corresponding to G. R.
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No. 57 of 2018 under section’s

143/147/ 148/ 149/ 186/ /353/332/

333/34/109 of the penal code and

read with under section’s 3/6 of the

Explosive Substances Act, 1908 now

pending in the Court of learned

Chief Metropolitan Magistrate ,

Dhaka

To

Mr. Justice Syed Mahmud Hossain of the Hon’ble Chief

Justice of Bangladesh and his companion Justices of the

said Hon’ble Supreme Court.

The humble petition on behalf of the

petitioner above named most

respectfully-

SHEWETH:

1. That one Md. Masud Rana , BP NO- 7592027206 ,

Sub Inspector of Palton Police Station as an

informant lodged First Information Report on

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08.02.2018 with the Palton Model Police Station,

against 34 ( thirty four) accused persons for

committing the alleged offence punishable under

section’s 143/147/ 148/ 149/ 186/ /353/332/

333/34/109 of the penal code and read with under

section’s 3/6 of the Explosive Substances Act, 1908

2. That the prosecution case as appeared in the First

Information Report in brief is that while the informant

was in duty with his forces on 08.02.2018 in palton

police station area and the day was fixed for verdict

in Special Judge Court, Bakshibazar, Dhaka BNP

Chairperson Begum Khaleda Zia along with other

accuseds at the corruption cases of Zia Orphanage

Trust and Zia Charitable Trust and when the verdict of

the corruption cases of Zia Orphanage Trust and Zia

Charitable Trust was pronounced by the learned judge

and there after the accused with sticks came from all

surroundings with procession DIT Extension road of

Dhaka and they made stopped the transports of all

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sides of the roads and the informant informed it to his

upper authority about the matter and the informant

requested the accuseds again and again to move

aside from the road but the accuseds continues their

procession neglecting police’s request and making

stopped the roads and thereafter the informant along

with his forces requested them to move aside from the

road and the accused being excited and building is an

unlawful assembly obstruction police in discharge of

public functions threw bricks and brickbats again and

again to the police to kill them and while the

informant , Assistant Sub Inspector Md. Jahangir

Alam, police constable Saiful Islam and anser

Mizanur Rahman performed their duty with others

they got hurt of brick of the accuseds and there after

the officer in charge of palton police station rushed

there with his forces and arrested the accused no-28

to 34 and others accused run away and seized three

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scotch tap, five pieces of breaks and three pieces of

tobacco and prepared seizure list in presence of

witness. Hence the case.

The certified copy of the said

First Information Report and

the Seizure list are annexed

hereto and marked as

ANNEXURE-“A” and ‘A-1’.

3. That the accused petitioner was arrested by the police

simply suspicion on 10.02.2018 and since then he

has been languishing in custody without committing

any offence whatsoever.

The certified copy of the said

Forwarding is annexed hereto

and marked as ANNEXURE

-“B”.
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4. That the accused petitioner was taken to the police

remand for three days but nothing has been recovered

as to his complicity in the instant case.

The certified copy of the said

remand report is annexed

hereto and marked as

ANNEXURE- “C”

5. That the case is still under investigation and the police

report has not yet been submitted

6. That the accused petitioner made no statement under

Section 164 of the Code of Criminal Procedure.

7. That it is submitted that the accused petitioner is not

name in the First Information Report but he did not

commit any offence as alleged in the First Information

Report and as such for the ends of justice the accused

petitioner may be enlarged on bail.

8. That it is submitted that no incrementing articles were

recovered from the accused petitioner and as such for

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the ends of justice the accused petitioner may be

enlarged on bail.

9. That it is submitted that the accused petitioner made

no statement under section 164 of the Code of

Criminal Procedure and as such for the ends of justice

the accused petitioner may be enlarged on bail.

10. That it is submitted that the accused petitioner is a

small trader dealing with a stationery shop in his

locality and he is only earning member of his family

and due to his long detention in custody his entire

family suffers untold miseries and hardship and as

such for the ends of justice the accused petitioner may

be enlarged on bail.

11. That it is submitted that the accused petitioner was

arrested on 10.02.2018 and since then he has been

languishing in custody without committing any offence

whatsoever and as such for the ends of justice the

accused petitioner may be enlarged on bail.

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12. That it is submitted that the accused petitioner is a

local law abiding citizen of the country and there are

no chance of his absconsion if he will enlarge on

bail and he will furnish sufficient surety for not his

absconsion and as such for the ends of justice the

accused petitioner may be enlarged on bail.

13. That in the above facts and circumstances the

accused petitioners begs to be prefer this bail

application on the following amongst others :

GROUN DS

I. For that the accused petitioner is not name in the

First Information Report but he did not commit any

offence as alleged in the First Information Report and

as such for the ends of justice the accused petitioner

may be enlarged on bail.

II. For that no incrementing articles were recovered from

the accused petitioner and as such for the ends of

justice the accused petitioner may be enlarged on bail.

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III. For that the accused petitioner made no statement

under section 164 of the Code of Criminal Procedure

and as such for the ends of justice the accused

petitioner may be enlarged on bail.

IV. For that the accused petitioner is a small trader

dealing with a stationery shop in his locality and he is

only earning member of his family and due to his

long detention in custody his entire family suffers

untold miseries and hardship and as such for the ends

of justice the accused petitioner may be enlarged on

bail.

V. For that the accused petitioner was arrested on

10.02.2018 and since then he has been languishing

in custody without committing any offence whatsoever

and as such for the ends of justice the accused

petitioner may be enlarged on bail.

VI. For that the accused petitioner is a local law abiding

citizen of the country and there are no chance of his

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absconsion if he will enlarge on bail and he will

furnish sufficient surety for not his absconsion and as

such for the ends of justice the accused petitioner may

be enlarged on bail.

Wherefore, it is most

humbly prayed that your

Lordships may graciously

be pleased to issue Rule

calling upon the Deputy

Commissioner, Dhaka to

show cause as to why

the accused petitioners

should not be enlarged

on bail in Palton Model

Police Station Case No

12 dated 08.02.2018

corresponding to G. R.

No. 57 of 2018 under

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section’s 143/147/ 148/

149/ 186/ /353/332/

333/34/109 of the penal

code and read with

under section’s 3/6 of the

Explosive Substances

Act, 1908 now pending in

the Court of learned

Chief Metropolitan

Magistrate , Dhaka and

after hearing the parties

and perusing the cause

shown if any make the

Rule absolute and/or

pass such other or

further order or orders as

your lordships may seem

fit and proper.

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AND

Pending hearing of the

Rule your Lordships may

further be pleased to

enlarge the accused

petitioner on ad-interim

bail.

And for this act of kindness your petitioner, as in duty bound

shall ever pray.

AFFIDAVIT

I, Sahjada ,Son of Abdur Rashid Chowkider Mothers name-

Maleka Begum of Jalisha Post Office- Jalisha -8602, Police

Station- Dumki Tekanf , District- Patuakhali , aged about 32

years, by faith Muslim, occupation- farmers, by Nationality-

Bangladeshi, national ID No. 78155190945320 do hereby

solemnly affirm and say as follows :-

1. That I am maternal uncle of the accused petitioner

and tadbirkar of the case and conversant with the

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facts and circumstances of the case and competent to

swear this affidavit.

2. That the statements made herein above are true as to

my knowledge and belief.

3. That all the certified copies which annexed in this

application are correct and true.

Prepared in my office

Deponent
(Md.Moinul Huq Bhuiyan)
The deponent is known to me
Advocate
and identified by me.
Supreme Court of Bangladesh
Md. Moinul Huq Bhuiyan )
Solemnly affirmed before
Advocate
me on the th day of
Supreme Court of Bangladesh
April , 2018.
Member ship No.4125

Annex-216 (Hall Room),SCBA

Mobile No. 01711731773

COMMISSIONER OF AFFIDAVITS

SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION, DHAKA

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