SK. REJAUL Vs. RANABIR ROY CHOWDHURY

JUDGEMENT

(1.) Petitioner is in custody for about three years. Learned lawyer for the petitioner contends the uncontroverted allegations in the charge sheet do not disclose the ingredients of the charges framed against her client. Co-accuseds were advised to plead guilty and have been awarded to substantive sentence for about six years of rigorous imprisonment on each count which are to run concurrently. Petitioner has suffered incarceration for nearly half of the sentence awarded to the co-accuseds. 54 witnesses have been cited in the charge sheet. Only one witness has been examined. There is little possibility of trial concluding in the near future. Co-accused Abdul Majed is on bail. Accordingly, petitioner prays for bail.

(2.) Learned Advocate for the State opposes the prayer for bail. He submits report with regard to the status of the proceeding. He contends petitioner was a member of a terrorist organisation viz., Jamaat-ul-Mujahideen Bangladesh ('JMB' for short). He does not stand on the same footing with the coaccused Abdul Majed who has been enlarged on bail. Antinational pamphlets/literatures were recovered from his possession.

(3.) In response learned Advocate for the petitioner submits 'JMB' was not a terrorist organisation at the time of registration of First Information Report. Petitioner has no criminal antecedents.