DISTRICT- DHAKA

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CRIMINAL MISCELLANEOUS JURISDICTION)

CRIMINAL MISCELLANEOUS CASE NO. OF 2014

IN THE MATTER OF :

An application for bail under

section 498 of the Code of

Criminal Procedure.

AND

IN THE MATTER OF:

Al-Amin

Son of Khorshed Alam

of Village- Joar

Police Station- Barai Gram

District- Nator.

.......Accused-petitioner
 -2-

(In Jail Hajat)

- VERSUS -

The State

Opposite Party

AND

IN THE MATTER OF

Prayer for bail in Metro Special

Tribunal Case No. 624 of 2012

arising out of Ramna Model Police

Station Case No. 35 dated

16.08.2012 corresponding to G.R.

No. 508 of 2012 (Ramna) under

Sections 19-A/19(F) of the Arms Act

1878. Now Pending in the Court of

Metropolitan Special Tribunal No.8,

Dhaka

To,
 -3-

Mr. Justice Md. Muzammel Hossain, the Honble

Chief Justice of Bangladesh and his companion Justices

of the said Honourable Court.

The humble petition on behalf

of the above named petitioner

most respectfully -

SHEWETH:-

1. That the fact of the prosecution case in short is that

one S.I.Md. Abdul Hakim, Car Obstruction

Team(south), DB, D.M.P. Dhaka as an informant

lodged an F.I.R. on 16.08.2012 with Ramna Model

Police Station bringing allegation against the

accused petitioner along with others under Sections

19-A/19(F) of the Arms Act 1878 that on

15.08.2012 the informant received news from the

hiding source that a hijacking party which is formed

by 4/5 persons are hijacking continuously in

Dhaka Metropolitan area including the area of

 -4-

Ramna Police Station by a Private Car and

accordingly the informant with his companion

Forces started march towards the mentioned area

for arresting the accused Petitioner along with

others and very tactfully arrested the accused

petitioner along with other and as a result of which

the instant case was started.

Certified copy of the F.I.R is annexed

herewith and marked as

ANNEXURE- A

2. That it is stated that the accused-petitioner along

with others arrested on 16.08.2012 and a seizer

 -5-

was made by the Police S.I. Md. Abdul Hakim, DB

(South)D.M.P. Dhaka.

The certified copy of the seizer

list is annexed herewith and

marked as Annexure B

3. That it is stated that the statement of Alamat was

made by the Police S.I. Md. Nur, PPM.

The certified copy of the seizer

List of Alamat is annexed

herewith and Marked as

Annexure C

4. That it is stated that the accused petitioner along

with others were arrested on 16.08.2012 and was

forwarded to the learned Chief Metropolitan

 -6-

Magistrate on 17.04.2012 with a prayer of 10 days

remand.

Certified copy of the Forwarding

report is annexed herewith and

marked as ANNEXURE- D

5. That it is stated that the accused petitioner along

with others were in remand in the instant case for

5 days and thereafter the accused petitioner along

with others were in DB custody under a care of DB

for further interrogation in Dhanmondi Police

station Case No.dated 08.08.2012.

Certified copy of the Remand report

is annexed herewith and marked as

ANNEXURE- E

6. That it is stated that after investigation the

Police submitted Charge sheet being Char Sheet No.

413 dated 06.09.2012 against the accused

 -7-

petitioner along with others under sections 19-

A/19(F) of the Arms Act 1878.

The certified copy of the Charge

Sheet is annexed herewith and

marked as Annexure F

7. That it is stated that the charge has been framed on

10.09.2013 against the accused petitioner along with

others under Sections 19-A/19(F) of the Arms Act 1878

and a date for trail was fixed on 20.03.2014 and summon

was issued to the prosecution witnesses on 10.09.1913.

but not a single witness has yet been examined by the

court below.

The certified copy of the order of

Charge framing is annexed herewith

and marked as Annexure G

 -8-

8. That it is stated that on 20.03.2014 the accused

petitioner preferred an application for bail before the

learned Metropolitan Special Tribunal No.8, Dhaka

in Metro: Special Tribunal Case No.624 of 2012 and

after hearing the parties the prayer for bail of the

accused petitioner was rejected by the same Court

which is impugned herewith.

9. That it is respectfully submitted that the accused

petitioner is fully innocent and there was no

specific allegation against accused petitioner and

nothing has been recovered from the body of the

accused petitioner and from the control and

possession of the accused petitioner and as such

the accused may kindly be enlarged on bail.

10. That it is respectfully submitted that the accused

petitioner was arrested by the police on

 -9-

16.08.2012 and since then he has been in jail Hajat

and the charge was framed on 10..9.2013 but not

a single witness has yet been examined and when

the trial will be concluded is uncertain and as the

accused petitioner is entitled to be enlarged on bail.

11. That it is respectfully submitted that the

accused petitioner is no way connected in this case

and as such the accused petitioner may kindly be

enlarged on bail.

12. That it is respectfully submitted that the accused

petitioner is an innocent and the allegation which

was brought against the accused petitioner is false,

fabricated and there no eye witness in the case and

he has no specific overt act and he has been falsely

implicated in the case only to humiliate the accused

 -10-

petitioner in the society and as such the accused

petitioner may kindly be enlarged on bail.

13. That is respectfully submitted that in the instant

case the co-accused namely Gias Uddin has

already been enlarged on bail by the court below

and as such the accused petitioner May kindly be

enlarged on bail.

14. That it is respectfully submitted that the accused

petitioner is a law abiding citizen of Bangladesh

having been permanent address as mentioned in

the cause title and if the accused petitioner is

enlarged on bail he will not be absconded and

proper sureties will be furnished in his favour and

as such the accused petitioner my kindly be

enlarged on bail.

12. That being aggrieved by and dissatisfied with the

order dated 20.03.2014 passed by the learned

 -11-

Metropolitan Special Tribunal No.8, Dhaka in Metro:

Special Tribunal Case No.624 of 2012 the

petitioner begs to move this application before your

Lordships praying for bail on the following amongst

other:

GROUNDS

I. For that the accused petitioner is fully innocent

and there was no specific allegation against him

and nothing has been recovered from the body of

the accused petitioner and from the control and

possession of the accused petitioner and as such

the accused may kindly be enlarged on bail.

II. For that the accused petitioner was arrested by the

police on 16.08.2012 and since then he has been in

jail Hajat and the charge was framed on

10..9.2013 but not a single witness has yet been

examined and when the trial will be concluded is

 -12-

uncertain and as the accused petitioner is entitled

to be enlarged on bail.

III. For that the accused petitioner is no way connected

in this case and as such the accused petitioner may

kindly be enlarged on bail.

IV. That it is respectfully submitted that the accused

petitioner is an innocent and the allegation which

was brought against the accused petitioner is false,

fabricated and there no eye witness in the case and

he has no specific overt act and he has been falsely

implicated in the case only to humiliate the accused

petitioner in the society and as such the accused

petitioner may kindly be enlarged on bail.

V. For that in the instant case the co-accused namely

Gias Uddin has already been enlarged on bail by

 -13-

the court below and as such the accused petitioner

May kindly be enlarged on bail.

VI. For that the accused petitioner is a law abiding

citizen of Bangladesh having been permanent

address as mentioned in the cause title and if the

accused petitioner is enlarged on bail he will not be

absconded and proper sureties will be furnished in

his favour and as such the accused petitioner my

kindly be enlarged on bail.

Wherefore, it is most humbly

prayed that Your Lordships would

graciously be pleased to issue a

Rule calling upon the opposite party

to show cause as to why the

accused petitioner should not be

enlarged on bail in Metro Special

Tribunal Case No. 624 of 2012

 -14-

arising out of Ramna Model Police

Station Case No. 35 dated

16.08.2012 corresponding to G.R.

No. 508 of 2012 (Ramna) under

Sections 19-A/19(F) of the Arms Act

1878. Now Pending in the Court of

Metropolitan Special Tribunal No.8,

Dhaka

-AND-

Pending hearing of the Rule, your

Lordships be further pleased to

enlarge the accused-petitioner for

the ends of Justice on bail.

And for this act of kindness, the petitioner as in duty shall

ever pray.

AFFIDAVIT

I, Md. Nurul Islam Howlader, son of late Panchet Ali and

late Chandra Banu, of village-Gandaria, Police Station-

 -15-

Savar, District-Dhaka aged about 59 years, by Profession-

Business, by faith-Muslim, by Nationality- Bangladeshi

National ID. No. 2617222022240 do hereby solemnly

affirm and say as follows:

1. That I am the Tadbirkar of this case and acquainted

with facts and circumstances of the case and as

such competent to swear this affidavit.

2. That the statements made above are true to the best

of my knowledge and belief.

Prepared in my office.

Advocate Deponent.

The deponent is known

to me and identified by

me.

Solemnly affirmed before

me on this the........ day of

Advocate
February 2014. Membership No. 3378
Room No. 331 (Annex)
Supreme Court Bar Bhaban
0171133857
 -16-

COMMISSIONER OF AFFIDAVITS,
SUPREME COURT OF BANGLADESH
HIGH COURT DIVISION
NOTICE

DISTRICT- GAZIPUR

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CRIMINAL MISCELLANEOUS JURISDICTION)

CRIMINAL MISCELLANEOUS CASE NO. OF 2014

IN THE MATTER OF:

Al-Amin

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

- VERSUS -

The State

Opposite Party

To,
The Attorney General
Government of Bangladesh
 -17-

Dhaka.

Dear Sir,

Please take notice that an application for bail under

section 498 of the Code of Criminal Procedure (copy
enclosed herewith) will be moved before the Honble High
Court Division.
Thanking You.

Advocate,
For the Petitioner