Md. Atiar Rahman, E x – C h a i r m a n Trimohini Union Parishad Vs. The State

Appellate Division Cases

(Criminal)

PARTIES

Md. Atiar Rahman, E x – C h a i r m a n Trimohini Union Parishad …..Petitioner

-Vs-

The State …………….. Respondent

Md. Ruhul Amin CJ

M.M. Ruhul Amin J

Md. Abdul Matin J

Judgment Dated: 18th November 2007

The Penal Code read, Sections 409/467/471/109

Former Manager, Sonali Bank. Trimohini branch, in collusion with others misappropriated TK. 1,60,200/from 01.07.1984 to 12.09.1984 by showing disbursement of loan to 46 fake agricultural loanees……………. (2)

It further appears that co-accused Md. Abdus Sobhan alone prepared a list of 46 fake loanees in collusion with the present petitioner Md. Atiar Rahman for their illegal gain creating false documents and Md. Abdus Sobhan recommended and the petitioner identified loanees knowing it to be fake and false resulting in the misappropriation of Tk.1,60,200/- and therefore the High Court Division has not committed any illegality in maintaining conviction of the present petitioner and another. The judgment of the High Court Division is based on correct appreciation of facts, evidence and law and does not warrant interference by this Court……………. (12)

We find no merit in this petition which is accordingly dismissed ……………..(13)

  1. F. M. Mesbahuddin, Senior Advocate, instructed by A. K. M. Shahidul Huqe, Advocate-on-Record……………….. For the Petitioner

Respondent…………………….. Not represented.

Criminal Petition For Leave To Appeal No.240of2006

(From the judgment and order dated 13.04.2006 passed by the Fligh Court Division in Criminal Appeal No. 1003 of 2004.)

JUDGMENT

Md. Abdul Matin J: This petition for leave to appeal is directed against the judgment and order dated 13.04.2006 passed by the High Court Division in Criminal Appeal No. 1003 of 2004 dismissing the appeal.

2. The facts, in short, are that the Assistant Sub Inspector of D.A.B Jessore, lodged an

F.I.R. With Keshabpur Police Station alleging, inter-alia, that the accused Md. Hafizul Islam, former Manager, Sonali Bank. Trimohini branch, in collusion with others misappropriated TK. 1,60,200/from 01.07.1984 to 12.09.1984 by showing disbursement of loan to 46 fake agricultural loanees. It was revealed that the loanees were not the inhabitants of the villages as shown in the loan bonds and the owners of the land shown to have been mortgaged did not apply for loan. The said F.l.R. was registered as Keshabpur P.S. CaseNo.5 dated 31.5.1985.

3. The police took up investigation of the case and visited the place of occurrence and seized alamats and prepared sketch map with a separate index and recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure and finally submitted charge sheet against the accuseds since prima facie case was found against them.

4. Then the case record was sent to the learned Special Judge, Jessore. Who framed charge on the basis of the materials available on record to which they pleaded not guilty.

5. During trial the prosecution examined 12(twelve) witnesses while the defence examined none.

6. The learned Special Judge, Jessore considering the evidence and the materials on record as well as the facts and circumstances of the case found them guilty and convicted the accuseds Rafiqul Islam and Rajab Ali Khan under Sections 409/467/471/109 of the Penal Code read with Section 5(2) of Act 11 of 1997 and sentenced them to suffer rigorous imprisonment for 10(ten) years and to pay a fine of Tk.5,000/- each and convicted the petitioner and another under the aforesaid sections and sentenced them to suffer rigorous imprisonment for 2 (two) years and to pay a fine of Tk. 1,000/- each in default to suffer rigorous imprisonment for one month more.

7. As against the judgment and order passed by the learned Special Judge, Jessore the accused petitioner and others preferred Criminal Appeal Nos.1049, 1096 and 1003 of 2004 and the High Court Division dismissed the appeal Nos.1096 and 1003 of 2004 and the present petitioner Md. Atiar Rahman and another accused Md. Abdus Sobhan were

found guilty of the charges levelled and the High Court Division maintained.their conviction and sentence, but allowed Criminal Appeal No. 1049 of 2004 and acquitted Md. Rafiqul Islam and Md. Rajab Ali from the charges levelled. As against the judgment and order of the High Court Division accused Md. Atiar Rahman only filed the present petition.

8. Heard the learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record.

9. The learned Counsel submitted that admittedly prosecution case was that of sanctioning cash loan for agriculture and for fertilizer amounting to TK. 1,60,200/from

the period 01.07.1984 to 12.09.1984 alleged to have been sanctioned and disbursed among 46 fake loanee by the then manager Md. Rafiqul Islam, Sonali Bank, Trimohini Branch under Keshabpur Police Station District-Jessore and that accused Abdus Sobhan a field worker of Sonali Bank Trimohini Branch, Jessore, who alleged to have recommended those 46 alleged fake loanee and on his identification the present accused appellant alleged to have counter signed the said recommendation of the field worker of the Bank, but the trial court as well as the High Court Division failed to consider the same and most illegally convicted the petitioner under Sections 409/467/471 and 109 of

the Penal Code read with Section 5(2) of Act II of 1947 and sentenced him to suffer 2 (two) years rigorous imprisonment with fine as stated above which is not tenable in law and liable to be set aside.

10. It appears that the High Court Division after assessment of the evidence found that accused appellant Md. Rafiqul Islam, manager Sonali Bank Trimohini Branch disbursed the amount finding the loan cases duly recommended and identified by the accused Md. Abdus Sobhan and Md. Atiar Rahman respectively who were the then filed officer and Chairman of the local Union Parishad respectively and therefore rightly found Md. Rafiqul Islam not guilty and acquitted him.

•

11. It further appears that the High Court Division did not find any evidence against accused Md. Rajab Ah Khan and rightly acquitted him.

12. It further appears that co-accused Md. Abdus Sobhan alone prepared a list of 46 fake loanees in collusion with the present petitioner Md. Atiar Rahman for their illegal gain creating false documents and Md. Abdus Sobhan recommended and the petitioner identified loanees knowing it to be fake and false resulting in the misappropriation of Tk.1,60,200/- and therefore the High Court Division has not committed any illegality in maintaining conviction of the present petitioner and another. The judgment of the High Court Division is based on correct appreciation of facts, evidence and law and does not warrant interference by this Court.

13. We find no merit in this petition which is accordingly dismissed.

Source : V ADC (2008),444

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