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DISTRICT-NAOGAON

IN THE SUPREME COURT OF BANGLADESH


HIGH COURT DIVISION
(CRIMINAL APPELLATE JURISDICTION)
CRIMINAL APPEAL NO. OF 2015

IN THE MATTER OF:


An application for bail in above pending
appeal.
AND
IN THE MATTER OF:
‘A’
Son of- Md. Rabiul Islam
Of all village-Kakoli
Police Station- Makoli
District- Naogaon
……CONVICT-APPELLANT-PETITIONER
(In Jail)
-VERSUS-
The State represented by the Deputy
Commissioner Naogaon, Police Station and
District- Naogaon.
………………RESPONDENT-OPPOSITE PARTY
To,
Mr. Justice Md. Muzammel Hossain, the Hon’ble Chief Justice of Bangladesh and his companion
Justices of the said Hon’ble Court.
The humble appeal on behalf of the appellant above named most
respectfully-

SHEWETH:
1. That Mr. Abdul Halim Sub-Inspector of police as Informant lodged a First Information
Report with Muradnagor Police Station being Muradnagar Police Station Case No. 40
dated 20.10.2005 corresponding to G.R. No. 88 of 2005 against the accused appellant
under section 19A and (f) of the Arms Act, 1878. The prosecution case in short is that
the Police on secret information raided the house of B and recovered a pistol and 2
bullets from the courtyard of the said house and arrested A, a tenant of B and prepared
a seizure list in presence of E and F.
The Certified copy of the FIR is annexed
herewith and marked as ANNEXURE ‘A’.
2. That the investigating officer after investigation submitted charge-sheet against the
convict-appellant being charge sheet no. 80 dated 30.11.2005 under section 19A and (f)
of the Arms Act, 1878.
The Certified copy of the charge-sheet is annexed
herewith and marked as ANNEXURE ‘B’.
3. That there after the case was transferred to the Special Tribunal No.1, Naogaon for
holding trial and was registered as Special Tribunal Case No. 457 of 2007 and charge was
framed on 12.02.2006.
4. That the learned trial court below examined 10 (ten) prosecution witnesses and the
defense witnesses examined none.
The Certified copy of the Depositions are annexed
herewith and marked as ANNEXURE ‘C’ Series.
5. That at the conclusion of the case the learned trial court convict the appellants under
section 19A and (f) of the Arms Act, 1878 and sentenced him to suffer rigorous
imprisonment for a period of 10 years by his judgment and order of conviction dated
20.10.2007.
6. That it is submitted that convict-appellant has been falsely implicated in this case, out of
previous enmity with the informant and as such the convict-appellant is entitled to
enlarge on bail.
7. That it is submitted that the learned tribunal convict the appellant just on a surmise and
conjecture which can never take the place of proof. For that the prosecution failed to
prove its case against this appellant.
8. That it is submitted that the prosecution did not produce any neutral witness of the case
and as such the convict-appellant is entitled to enlarge on bail.
9. That it is submitted that the time of making seizure list there was two witnesses but the
prosecution has failed to produce them before the learned trial court but the court
below has failed to consider it and as such the convict-appellant is entitled to enlarge on
bail.
10. That it is submitted that the appellant-petitioner is the permanent citizen of Bangladesh
and there is no chance of his absconsion if he is released on bail.
WHEREFORE, it is most humbly prayed that your
Lordships would graciously be pleased to enlarge
the convict-appellant- petitioner on ad-interim bail
till disposal of the appeal and/or pass such other or
further order or orders as your Lordships may
deem fit and proper for the ends of justice.
And for this act of kindness, your humble appellant as in duty bound shall ever pray.
AFFIDAVIT
I Md. Rabiul Islam Son of Md. Abul Islam and Kaniz Fatema , of Village-Kokali, Police Station:
Makoli, District: Comilla, aged 45 years and by faith-Muslim, by Profession- Business, by
Nationality-Bangladeshi by birth, National ID No. 22255555125565 do hereby solemnly affirm
and say as follows:-
1. That I am the tadbirkar of this case and fully acquainted with the facts and
circumstances of the petition and as such I am competent to swear this Affidavit.
2. That I did not make earlier any such petition to the Hon’ble Court to the same effect or
with same object or with similar object.
3. That the statements made herein above are true to my knowledge and belief.

Prepared in my office

ADVOCATE

DEPONENT

The deponent is known to


me and identified by me

Solemnly affirmed before me by the said deponent


ADVOCATE
on this the 12th day of June, 2014 at 10:30 AM

(Signature, Name, Membership No,

Telephone no, with full address)

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