July 16, 2024, 9:31 am


Section 339B of The Code Provides Two Procedures

Section 339B of The Code Provides Two Procedures for trial of an accused person in absentia.Sub section (2) provides that when an accused person has absconded after being enlarged on bail or concealing himself so that he can not be arrested and produced for trial, the court after recording its opinion so to do, try such person in absentia. The court need not split up his case or to exhaust the procedures required for holding trial of an accused who has absconded from the beginning, an appeal being the continuation of the original proceeding ,section 339B is equally applicable to the appellate court- (Per SK Sinha,J agreeing with Md Abdul Wahaab Miah,J) State vs Abdul Kader @ Mobile Kader (Criminal),67 DLR (AD)(2015)6,Section 339B

Section 410

Section 410 – Originally this division does not interfere with the acquittal recorded by the High Court Division in favor of the accused but it can not shirk its responsibility when it comes across an acquittal recorded in the most perfunctory manner leading to great injustice. Jurisdiction of the Court in dealing with an appeal against an order of acquittal is circumscribed by the limitation that no interference is to be made with the order of acquittal unless the approach made by the lower court to the consideration of t he evidence in t he case is vitiated by some manifest illegality or the conclusion recorded by the court bellow is such which could not have been possibly arrived by any court acting reasonably and judiciously and is ,therefore, liable to characterized as perverse. – State vs Abdus Salam (Criminal),67 DLR (AD) (2015) 6

Section 410 & 423

Since we have into the merit of the matter,considerted the entire evidence on record ,it will be a futile attempt to send the case of Ataur Rahman on remand after expressing opinion regarding his complicity on analysing the evidence of PWs 2-4. We do not approve the manner in which the High Court Division has dismissed the appeal od Ataur Rahman- (Per SK Sinha,J agreeing with Md Abdul Wahaab Miah,J) State vs Abdul Kader @ Mobile Kader (Criminal),67 DLR (AD)(2015) 6

Section 498- Anticipatory Bail

Section 498 – Anticipatory bail/Pre-arrest Bail- It is an extra ordinary remedy and an exception to the general rule of bail which can be granted only in extra- ordinary and exceptional circumstances upon a proper and intelligent exercise of discretion.The High Court Division can not exercise its discretion whimsically at its suit will. The High Court Division has not properly exercised its discretion in granting the accused -respondent on anticipatory bail- ACC vs Jesmi Islam (Criminal),67 DLR (AD) (2015) 182

Rom the orders of Bail of all the cases it appears that The High Court Division has failed to follow the guidelines indicated by this division while disposing the applications for bail. Orders of anticipatory bail have been passed which can not be considered as careful and proper exercise of extra-ordinary judicial discretion- State vs Mirza Abbas (Criminal),67 DLR (AD)(2015)182






Adv Rafiqul Islam


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