(In Jail Hajat

..........Accused-Petitioners
Md. Jashim Miah alias Jasim and another.

For the accused petitioners

(Md. Nizam Uddin)
Advocate
Through
DISTRICT:HABIGANJ

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CRIMINAL MISCELLANEOUS JURISDICTION)

CRIMINAL MISCELLANEOUS CASE NO. OF 2017

IN THE MATTER OF:

An application under Section 498 of the

Code of Criminal Procedure.

AND

IN THE MATTER OF:

1. Md. Jashim Miah alias Jasim,

Son of Khurshed Ali,

2. Abdus Salam,

Son of Mohorram Ali,

Both of village-Nayani Bangaon,

Police Station-Chunarughat,
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District-Habiganj.

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

VERSUS

The State, represented by the Deputy

Commissioner, Habiganj.

.........Opposite Party

AND

IN THE MATTER OF:

Prayer for bail of the accused-petitioners

in Bahubal Model Police Station Case

No. 17 dated 20.05.2016 corresponding

to G.R. No. 85 of 2016(Bahu:) under

Section 19(1) Table 7(Kha)/21 of the

Madok Drabbay Niontran Ain, 1990, now

pending before the learned Senior

Judicial Magistrate, Cognizance Court No

9, Habiganj.
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To

Mr. Justice Surendra Kumar Sinha, 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 petitioners above named most

respectfully-

S H E W E T H:

1. That the prosecution case in short, is that, one Sudwip

Ray, Sub Inspector(Ni:), District Detective Branch,

Habiganj as informant lodged First Information Report

with the Bahubal Model Police Station on 20.05.2016

against the accused-petitioners under Section 19(1) Table

7(Kha)/21 of the Madok Drabbay Niontran Ain, 1990

stating inter alia that District Detective Branch G.D. Entry

No. 150 dated 20.05.2016 the informant and along with

his forces performing narcotics duty at morning 7.30 a.m.

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the informant and along with his forces went to the

Shayestaganj Goalchattar and got a secret informant that

one Private Car bearing registration No. Dhaka-Metro-Ga-

11-5211 carrying narcotics and coming in to Chunarughat

Uttar Bazar to Sylhet. That the informant and along with

his forces went to the Laskarpur Railway Crossing Dhaka

Sylhet highway road and at morning 8.10 a.m. the

aforesaid private car came into place and stop for

checking but the driver through running the private car

and the informant and along with his forces able to stop

the vehicles and the driver of the vehicles tried to flee

away and the informant and with his forces to know the

accused persons and the able to flee away. That the

informant recovered the private car and on searching the

aforesaid vehicles they recovered 11 Kg cannabis, mobile

set etc. and the informant prepared seizure list in

presence of witnesses and hence the case.

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The certified copies of the said FIR and

seizure list is annexed hereto and

marked as ANNEXURE-"A and A-1"

respectively.

2. That it is stated that police arrested the accused-

petitioner No. 1 on 24.11.2016 and the accused Petitioner

No. 2 surrendered before the Senior Judicial Magistrate,

Cognizance Court No. 4, Habiganj on 15.12.2016 and

filed an application for bail on behalf of the accused

petitioners and the learned Senior Judicial Magistrate,

Cognizance Court No. 2 of Habiganj rejected the same

and since then the accused-petitioners are in custody.

The certified copy of the police

forwarding is annexed herewith

and marked as Annexure-B

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3. That after investigation the investigating officer submitted

charge sheet being No. 124 dated 16.08.2016 under

Section 19(1) Table 7(Kha)/21 of the Madok Drabbay

Niontran Ain, 1990 (amended 2004) against the accused

petitioners.

Certified copy of the said charge sheet

is annexed hereto and marked as

ANNEXURE-"C"

4. That it is stated that on behalf of the accused petitioners

an application for bail was moved before the District and

Sessions Judge, Habiganj being Criminal Miscellaneous

Case No. 118 of 2017 and after hearing of the parties

learned District and Sessions Judge, Habiganj was

pleased to reject the bail application by his order No. 03

dated 12.02.2017.
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5. That it is submitted that the accused-petitioners are not

in any way involved in the instant case, rather they have

been implicated in the instant case out of malafide

intention of the law enforcing agency and considering the

aforesaid aspect, the accused-petitioners may kindly be

enlarged on ad-interim bail.

6. That it is submitted that alleged cannabis has not been

recovered from the exclusive possession and control of

the accused-petitioners, as such the accused-petitioners

may kindly be enlarged on bail.

7. That it is submitted that the accused-petitioners are the

simple businessman of their locality and they are only

earning members of their family and moreover, they have

no knowledge about the said seized articles and

considering in this aspect the accused petitioners may

kindly be enlarged on bail.

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8. That it is submitted that the accused petitioners are law-

abiding and permanent citizens of Bangladesh and they

will be submitted sufficient bail bond and surety and

never misuse the privilege of the bail if the Hon’ble Court

grant bail to the accused-petitioners and considering

in this aspect the accused petitioners may kindly be

enlarged on bail.

9. That in the above facts and circumstances the accused

petitioners may kindly be enlarged on bail on the

following amongst other-

G R O U N DS:

I. For that the accused-petitioners are not in any way

involved in the instant case, rather they have been

implicated in the instant case out of malafide intention of

the law enforcing agency and considering the aforesaid

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aspect, the accused-petitioners may kindly be enlarged

on ad-interim bail.

II. For that alleged cannabis has not been recovered from

the exclusive possession and control of the accused-

petitioners, as such the accused-petitioners may kindly be

enlarged on bail.

III. For that the accused-petitioners are the simple

businessman of their locality and they are only earning

members of their family and moreover, they have no

knowledge about the said seized articles and considering

in this aspect the accused petitioners may kindly be

enlarged on bail.

IV. For that the accused petitioners are law-abiding and

permanent citizens of Bangladesh and they will be

submitted sufficient bail bond and surety and never

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misuse the privilege of the bail if the Hon’ble Court grant

bail to the accused-petitioners and considering in this

aspect the accused petitioners may kindly be enlarged on

bail.

WHEREFORE, it is most humbly prayed

that your Lordships would graciously be

pleased to issue rule calling upon the

opposite party to show cause as to why

the accused-petitioners should not be

enlarged on bail in Bahubal Model Police

Station Case No. 17 dated 20.05.2016

corresponding to G.R. No. 85 of

2016(Bahu:) under Section 19(1) Table

7(Kha)/21 of the Madok Drabbay

Niontran Ain, 1990, now pending before

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the learned Senior Judicial Magistrate,

Cognizance Court No 9, Habiganj and

after perusal of the same, the causes if

any shown, and after hearing the

parties, make the rule absolute and/or

pass such other or further order or

orders as to your Lordships may seem

fit and proper.

AND

Pending hearing of the rule your

lordships may further be pleased to

enlarge the petitioners on ad-interim

bail.
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And for this act of kindness, your humble petitioners as in duty

bound shall ever pray.

A F F I D A V IT

I, Masuk, son of Abdul Mannan and Amena Khatun, of village-

Hati Wala Bari, Osmanpur, Post Office- Gazipur-3320,

Chunarughat, Habiganj, aged about- 34 years, by faith Muslim,

by Profession- Farmer, by Nationality Bangladeshi, National ID

No. 19823612638000049, do hereby solemnly affirm and say as

follows :-

1. That I am the cousin of the accused petitioners and

tadbirkar of the case and am fully conversant with the

fact and circumstances of the case and as such I am

competent to swear this affidavit.

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2. That all the certified copies annexed with the application

are genuine and true.

3. That the statements made in paragraph are true to the

best of my knowledge and belief.

Prepared in my Office.

(Md. Nizam Uddin) __________________

Advocate Deponent
The deponent is known to me
and identified by me.

Solemnly affirmed before me

by the said deponent on this
these the th
day of March, (Md. Nizam Uddin)
2017 Advocate
Membership No. 6937
Room No. 5037 (Annex)
Mobile : 01712767309

COMMISSIONER OF AFFIDAVITS,
SUPREME COURT OF BANGLADESH,
HIGH COURT DIVISION.
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Tender No.
NOTICE

DISTRICT:HABIGANJ

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CRIMINAL MISCELLANEOUS JURISDICTION)

CRIMINAL MISCELLANEOUS CASE NO. OF 2017
IN THE MATTER OF:
Md. Jashim Miah alias Jasim and another.

.........Accused-Petitioners
( In Jail Hajat )
VERSUS
The State, represented by the Deputy
Commissioner, Habiganj.
.........Opposite Party
To
The Attorney General,
Government of Bangladesh.

Dear Sir,
Please take notice that an application under Section 498 of the
Code of Criminal Procedure (a copy of which is enclosed
herewith), will be filed and moved before this Hon’ble Court No.
16(Annex) in due course.
Your faithfully,

(Md. Nizam Uddin)

Advocate
For the Accused-Petitioners