State Vs. A Haque alias Abdul Hoque and others, VII ADC (2010) 344

Case No: Criminal Petition for Leave to Appeal No. 20 of 2010

Judge: Mohammad Fazlul Karim ,

Court: Appellate Division ,,

Advocate: Md. Khurshid Alam Khan,,

Citation: VII ADC (2010) 344

Case Year: 2010

Appellant: The State

Respondent: A. Haque alias Abdul Hoque and others

Subject: Anticipatory Bail,

Delivery Date: 2010-2-24

 
Supreme Court
Appellate Division
(Criminal)
 
Present:
Md. Fazlul Karim, CJ.
BK Das, J.
ABM Khairul Haque, J.
 
State
…………….........Petitioners
Vs.
A Haque alias Abdul Hoque and others
……….…...........Respondent
 
Order
February 24, 2010.
 
 
We hope the High Court Division will be slow in granting consequential relief under section 498 on an application for anticipatory bail. The reasons of the respondent-petitioners for anticipatory bail are misconceived and has no legal footing.… (6)
In that view of the case, this leave petition is disposed of and Criminal Miscellaneous Case No. 27555 of 2009 pending in the High Court Division is accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7 days. …. (7)
 
Lawyers Involved:
AKM Zahirul Huq, Additional Deputy Attorney General, instructed by Mahamuda Begum, Advocate-on-Record-For the Petitioner.
Khurshid Alam Khan, Advocate, instruct­ed by Md. Zahirul Islam, Advocate-on-Record-For Respondents.
 
Criminal Petition for Leave to Appeal No. 20 of 2010
(From the order 11th November, 2009 passed by the High Court Division in Criminal Miscellaneous Case No. 27555 of 2009)
 
ORDER
 
Md. Fazlul Karim CJ.
 
Delay in filing the leave petition is con­doned.
 
2. This petition for leave to appeal has been filed against the ad-interim order dated 11th November, 2009 passed by the High Court Division in Criminal Miscellaneous case No. 27555 of 2009 which arose out of Pakundia Police Station Case No. 05 dated 4-11-2009 now pending in the Chief Judicial Magistrate, Kishoreganj while issuing the Rule grant­ed anticipatory bail for a period of 6(six) months.
 
3. Heard the learned Additional Deputy Attorney-General for the petitioner and the learned Advocate appearing for the respon­dents and perused the materials on record.
 
4. The respondents are the named accused in the case filed on FIR No. 05/278 dated 4-11-2009 under sections 143/323/324/325/326/307/302 for the Penal code on certain allegations and accordingly investigation started thereon. The respon­dents being named accused avoided to surrender before the Chief Judicial Magistrate at Kishoreganj but has surren­dered before the High Court Division at Dhaka apprehending that they may be arrested any physically humiliated and harassed by the police and they could come all the way to Dhaka to move the High Court Division an application under section 498 and obtained ad interim antici­patory bail.
 
5. We simply fail to understand use of the word anticipation.' Under certain circum­stances, a person may be apprehended by the police but in the instant case, a case under section 143/323/324/325 /326/ 307/ 302 of the Penal code has already been started on 4-11-2009 before the Police Station of Pakundia, District Kishoreganj. On the face of the sections of Penal Code the word "anticipation” is misused by instant persons who are FIR named accused persons.
 
6. We hope the High Court Division will be slow in granting consequential relief under section 498 on an application for anticipatory bail. The reasons of the respondents-petitioners for anticipatory bail are misconceived and have no legal footing.
 
7. In that view of the case, this leave peti­tion is disposed  of and Criminal Miscellaneous Case No. 27555 of 2009 pending in the High Court Division is accordingly discharged and the respon­dents herein are directed to surrender before the concerned court within 7 (seven) days.
 
Ed.