IN RE: MIJANUR RAHAMAN (HOSSAIN) Vs. STATE

JUDGEMENT

(1.) WE passed an order of bail on 12th March, 2009 with a condition of furnishing bail bond with sureties to the satisfaction of the learned Additional Chief Judicial Magistrate concerned. Our order was placed before the learned Additional Chief Judicial Magistrate, Basirhat. However, that order was not implemented and the application for execution of the order of bail was rejected as the learned Additional Chief judicial Magistrate thought it fit that the same should be rejected.

(2.) WE are of the view that the earlier order of rejection, passed by the learned Additional Chief Judicial Magistrate is absolutely in violation of the judicial order passed by this Court. It was made clear that bail bond and the sureties would be subject to the satisfaction of the learned Additional Chief Judicial Magistrate. So, there was no ambiguity and no difficulty to understand the language of the order passed by this Court. The learned Additional Chief Judicial Magistrate should not remain in the realm of any uncertainty. We do not approve and appreciate his act, done in Judicial capacity.

(3.) THEREFORE , we set aside the earlier order of rejection passed by the learned Additional Chief Judicial Magistrate and we ratify the order passed by this Court on 12th March, 2009.