Md. Milon Palwan Vs. The State, 2 LNJ (2013) 608

Case No: Criminal Misc. Case No. 26320 of 2012

Judge: Syed Md. Ziaul Karim,

Court: High Court Division,,

Citation: 2 LNJ (2013) 608

Case Year: 2013

Appellant: Md. Milon Palwan

Respondent: The State

Subject: Bail,

Delivery Date: 2013-01-21

HIGH COURT DIVISION
(CRIMINAL MISCELLANEOUS JURISDICTION)
 
Syed Md. Ziaul Karim, J.
And
Ashish Ranjan Das, J.

Judgment
21-01-2013
  Md. Milon Palwan,
. . .Accused-petitioner
Versus
The State
. . . Opposite party.
 
 
Code of Criminal Procedure (V of 1898)
Section 498
The alleged 2350 pieces of Yeaba tablets were recovered from the possession of the two accused, of which 1150 pieces of Yeaba tablet, were recovered from the possession of the petitioner and rest 1200 pieces of Yeaba tablets were recovered from the co-accused. The case was instituted on 10.01.2012 and the petitioner was arrested on the same date, since then he has been in custody.  Undue delay in holding trial is a valid ground for granting bail. Accordingly, the petitioner was released on bail.…(3, 7 and 8)
 
Mr. S.M. Shafiqul Islam, Advocate,
.... For the petitioner.
Mr. M. A. Mannan Mahon, D.A.G. with
Mr. Md. Ensan Uddin Sheikh, A.A.G.  and
Mr. Md. Osman Goni, A.A.G.
. . .For the opposite party.

Criminal Misc. Case No. 26320 of 2012
 
JUDGMENT
Syed Md. Ziaul Karim, J:
 
By this Rule, the petitioner sought for bail.
 
Facts in brief are that the petitioner is an accused in a case instituted under Clause 9(kha) of the table of Section 19(1) of the Narcotics Control Act, 1990.
 
It is alleged that 2350 pieces of Yeaba tablets were recovered from the possession of the two accused, of which 1150 pieces of Yeaba tablets were recovered from the petitioner and rest 1200 pieces of Yeaba tablets recovered from the co-accused Monir Hossain. The case is pending for trial.
The learned Advocate for the petitioner submits that the petitioner was arrested on 10-01-2012 since then he is in custody, lie adds that the case is pending for trial but no witness has yet been examined. So, the petitioner may be enlarged on bail.
 
The Rule is opposed by the learned Deputy Attorney General.
 
In order to appreciate their submissions we have gone through the record and given   our anxious consideration to their submissions.
 
On going to the materials on record it transpires that the case was instituted on 10-01-2012 and the petitioner was arrested on the same date, since then he is in custody. We feel that there is n:> immediate chance of concluding trial. Therefore, we hold that, undue delay in holding trial is the valid ground for granting bail to 'he petitioner. Considering the materials on record and submissions advanced by the learned Counsel for the petitioner we are inclined to enlarge him on bail.
 
In view of foregoing narrative, the Rule is made absolute Let the petitioner Md. Milon Palwan be released on bail on furnishing bail bond to the satisfaction of learned Additional Sessions Judge,   list Court, Gazipur.
 
The learned Judge of the Court below is at liberty to cancel the bail of the petitioner, if he misuses the privilege of bail in any manner whatsoever.
 
Office is directed to communicate the order at once.
 
Ed.