Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Thursday, February 21, 2019 08:39:33 AM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Bail in an explosive substance case

By
07th-Apr-2018       
Comments
Share your thought
Post a comment »
Read all () »

High Court Division :
(Criminal Appellate Jurisdiction)
Syed Md Ziaul Karim J
SM Zakir Hossain J
Shagor Prodhan .......
....................Accused-Appellant
vs
State ..... Respondent
Judgment
November 16th, 2016     
Explosive Substance Act (VI of 1908)
Sections 2 and 3
Bail in a explosive substances case- No legal or moral compulsion to keep a person in Jail merely on the allegation of commission of offences punishable with death or imprisonment for life. Ultimate conviction and incarceration of a mate conviction and incarceration of a guilty person can repair the wrong caused by mistaken relief of bail granted to him but no satisfactory reparation can be offered to an innocent man for his unjustified incarceration at any stage of the case albeit his acquittal in the long run. ...(14)
Reasat Ali vs Golam Md 20 DLR (SC) 339; Anwar Hossain vs State 5 MLR 105 = 5 BLC 143 and Dulal Mia vs State 44 DLR 209 ref.
Taimur Alam Khandaker, Advocate-For the Accused-Appellant.
Shahidul Islam, DAG with Md Ensanuddin Sheikh, AAG and Abdul Khaleque Salim, AAG-For the State Respondent.
Judgment
Syed Md Ziaul Karim J : Supplementary Affidavit filed to-day do form part of the substantive petition of appeal.
2. By this appeal the appellant seeks bail in a case instituted under Sections 3, 4 of the Explosive Substances Act, 1908, pending in the Special Tribunal No. 1, Narayangonj.
3. Material facts leading to this appeal are that 4-1-2014 Md Emdadul Islam, Driver of Duranta Paribahan  lodged first information report (briefly as FIR) with Siddirgonj Police Station against the appellant and 18 others alleging that on 3-1-2014 at 8-00 am all the accused being with armed, lathi, rod, cocktail etc. attacked his car and exploded bombs aiming at car, then set fire to the bus and one tempo causing mischief for Taka 1,50,000.
4. The Police after investigation submitted charge-sheet on 31-12-2014 accusing only 4 accused including the appellant and final report in favour of the rest accused. However such Police report was not accepted, rather it was sent for further investigation.
5. The case is pending for further investigation.
6. Having unsuccessfully approached for bail in the Court below, the accused preferred this application for bail and obtained the present Rule.
7. The learned Advocate appearing for the appellant support the appeal and submits that as the case is pending for further investigation and there is no immediate prospect of concluding investigation, so the appellant may be enlarged on bail.
8. The appea1 is opposed by the learned Deputy Attorney General.
9. In order to appreciate their submissions we have gone through the record call given our anxious consideration to their submissions.
10. On going to the materials on record it transpires that the case was instituted on 4-1-2014 and the charge-sheet was submitted on 31-12-2014 but the said charge-sheet was not accepted and the learned Judge of the Tribunal referred the same for further investigation. Moreso, we find that out of 19 accused 3 accused are on bail. Other 15 accused are not sent up in chargesheet. The appellant is in custody. It appears that there is no specific allegation against the appellant. Therefore we failed to discriminate the case the appellant with that of the other co-accused who are enlarged on bail. In such situation we feel that there is no immediate prospect of commencement of trial. So undue delay in holding trial is a valid ground for bail. At now we do not find any sufficient ground for believing that the accused committed the offence as alleged by the prosecution.
11. We should bear in mind, credibility of testimony oral and circumstantial depends considerably on a judicial evaluation of the totality, not isolated, scrutiny. When dealing with the serious question of guilt or innocence of persons charged, with crime, the following principles should be taken into consideration.
a) The onus of proving everything essential to the establishment of the charge against the accused, lies on the prosecutor.
b) The evidence must be such asto exclude to a moral certainty every reasonable doubt of the guilt of the accused.
c) In matters of doubt it is safer to acquit than to condemn, for it is better that several guilty persons should, escape than that one innocent person suffer.
d) There must be clear and unequivocal proof of the corpus delicit.
e) The hypothesis of delinquency should be consistent with all the facts proved.
12. Inspite of the presumption of truth attached to oral evidence under oath if the Court is not satisfied, the evidence inspire of oath is of no avail.
13. We have meticulously examined the FIR, and other materials on record but from there also we failed to discover any material against the accused for believing that he has been guilty which prohibits granting bail. It is pertinent to point out that the case is stir pending, and the accused is in custody for a long time.
In such situation, we feel that there is no immediate prospect of concluding trial. To that effect law has been well settled that when there is a unusual delay in holding trial and the accused is in custody for a long time knowing not when the trial will be concluded, the accused in view of uncertainty of trial may be granted bail. Moreover undue delay in holding trial due to prosecution procrastination will be a valid ground for granting bail of the accused. With this regard reliance can be placed in the cases of Reasat Ali vs Golam Md 20 DLR (SC)  339, Anwar Hossain vs State 5 MLR 105 = 5 BLC 143 and Dulal Mia vs State, 44 DLR 209.
14. We are to bear in mind that bail in non-bailable offence is a matter of discretion  of the Court which has to be exercised with due care and caution and the facts and circumstances of the case. For an offence punishable with death or imprisonment for life, an accused charged with the same not to be released on bail if there are reasonable grounds for believing that the accused committed such an offence. Court to examine the data available in the case to find out whether reasonable grounds exist to make a nexus between the accused and the crime alleged against him. Court's belief on the point has to rest on the accusations made in the report to the Police, the nature and credentials of the evidence, which the prosecution propuses to lead in the case and all other relevant circumstances. Onus lies on the prosecution to disclose those reasonable grounds and the Court has to examine the data available in the case. No legal or moral compulsion to keep a person in Jail merely on the allegation of commission of offences punishable with death or imprisonment for life. Ultimate conviction and incarceration of a mate conviction and incarceration of a guilty person can repair the wrong caused by mistaken relief of bail granted to him but no satisfactory reparation can be offered to an innocent man for his unjustified incarceration at any stage of the case albeit his acquittal in the long run.
On further exploration of the materials on record and preponderant judicial views emerging out of the authorities referred, to above we are lead to the conclusion that in all respect the prosecution failed to discharge its responsibilities. Therefore, we hold that bail of the accused is not to be withheld merely as a punishment and the requirements as to bail are merely to secure the attendance of the accused at the trial. Significantly the prosecution failed to bring any allegation that the accused will tamper or attempt to tamper with witnesses and to obstruct the course of Justice if he be released on bail.
Therefore, the submissions advanced by the learned Counsel for the defence are the correct exposition of law and facts. To that end in view we are inclined to enlarge the accused on bail. Thus the Rule having merit succeeds.
15. In view of foregoing narrative, the appeal is allowed. Let the appellant Shagor Prodhan, be released on bail on furnishing bail bond to the satisfaction of the learned Judge of Special Tribunal No.1, Narayangonj.
Office is directed to communicate the order at once.

Tariff
Add Rate

News Archive

Inside The New Nation

Cricket »

BD lose to NZ in third ODI


Sports Reporter :Despite Sabbir Rahman's century Bangladesh lost to New Zealand by 88 runs in the third and last One Day International (ODI) match at Dunedin in New Zealand on Wednesday. New Zealand clinched the ODI series 3-0.Sabbir hit a marvelous 102. His 110-ball innings was laced with 12 fours ...

Editorial »

True spirit of Ekushey must be reflected everywhere


THE nation solemnly remembers the supreme sacrifice of the valiant souls who laid down their lives to establish the right of our mother tongue Bangla as the state language of Pakistan on this day in 1952. As the pioneering movement that led to our ultimate independence, Ekushey invokes the emotional ...

International »

Palestinian President rejects tax money from Israel


Reuters, Ramallah, West Bank :The Palestinian Authority (PA) will no longer accept tax revenues collected on its behalf by Israel following its decision to trim the sum over the PA's financial support of militants' families, Palestinian President Mahmoud Abbas said.The cash-strapped Palestinian Authority, an interim self-government body set up following ...

City »

President of Bangladesh Diploma Student Nurses Union Sadia Akhter speaking at a press conference in DRU auditorium on Wednesday demanding Prime Minister Sheikh Hasina's intervention in resisting conspiracy to ruin nursing education.


.

Entertainment »

Strong and confident female characters attract Kriti Sanon


Actress Kriti Sanon is all set for a superb 2019 with Luka Chuppi, Arjun Patiala, Housefull 4 and Panipat. The characters the actress is essaying are strong-minded and confident as she is drawn towards such empowered characters. Kriti’s role in Bareilly Ki Barfi as Bitti was that of an independent ...

Editorial »

Prevent gas cylinder and pipeline explosions


GAS explosion has become very common in the country nowadays. Even if someone escapes death, the victim has to suffer burn injury or loss of valuable organs. The authorities concerned still did not take any effective step to control such incidents. In the latest incident, seven people including a couple ...

Entertainment »

Malaika Arora opens up about her divorce with Arbaaz Khan


Malaika Arora, who is recently making headlines for her relationship with Arjun Kapoor and the couples social PDA, recently opened up about her divorce with Arbaaz Khan on a radio show. Talking about her divorce she revealed that it was a mutual decision to part ways so that they could ...

City »

BNP Standing Committee Member Dr. Khondkar Mosharraf Hossain, among others, at a discussion organised by Bangladesh Jatiyatabadi Muktijoddha Dal at the Jatiya Press Club on Tuesday demanding release of BNP Chief Begum Khaleda Zia.


.

International »

Pakistan PM urges talks on Kashmir blast, warns India against attack


Reuters, Islamabad :Prime Minister Imran Khan said on Tuesday Pakistan was ready to cooperate with India in its investigation of a deadly bombing in the disputed Kashmir region last week, which India blamed on Pakistan, but warned of retaliation if attacked.Tension between the nuclear-armed neighbors has risen sharply over the ...

Sports »

Al Amin Zumar and Mukhtar Hossain of Daffodil International University receiving the championship trophy of the Inter-University Badminton Tournament and a cheque of Taka 15,000 from Dr Mohammed Farashuddin, Chairman, Board of Trustees of East West University, at the playground of East West University in the city on Monday.


.

Editorial »

Not memorization, students need analytical involvement


ABOUT one lakh students have applied to the Directorate of Primary Education (DPE) of the Primary and Mass Education Ministry for reexamination of their results, claiming that justice will be established if the authorities work properly. Some of students who failed in the examination alleged that they did not get ...

International »

`Crime may have been committed` by Trump: Ex-FBI official


AP, Washington :Former FBI Deputy Director Andrew McCabe said in an interview that aired Sunday that a "crime may have been committed" when President Donald Trump fired the head of the FBI and tried to publicly undermine an investigation into his campaign's ties to Russia. McCabe also said in the ...

Entertainment »

Moury Salim prefers challenging roles


Sheikh Arif Bulbon :Actress of present generation Moury Salim has been engaged with acting for many days. Though she has been busy with acting for long time but could not get the opportunity to work in challenging roles properly or the directors did not utilise her acting quality appropriately. On ...

Cricket »

Girona beat Real Madrid


BBC Online :Real Madrid missed the chance to go second in La Liga as Girona came from behind to record a surprise away win on Sunday.Casemiro powerfully headed in from Toni Kroos' deep cross from the right wing to give the hosts a first-half lead.Cristhian Stuani's penalty made it 1-1 ...

City »

Director General of Bangladesh Agricultural Research Institute Dr. Abul Kalam Azad speaking at the inaugural ceremony of a training programme on 'Marker Assisted Selection' at its seminar room in Gazipur on Monday.


.

 
Items that you save may be read at any time on your computer, iPad, iPhone or Android devices.
 
Are you new to our website? Do you have already an account at our website?
Create An Account Log in here
Email this news to a friend or like someone
Email:
Write a comment to this news