SHAMSUL ALAM GOLAP Vs. STATE

JUDGEMENT

(1.) This rule at the instance of accused-petitioner Shamsul Alam Golap alias Shamsul Alam Golap under Section 498 of the Code of Criminal Procedure was issued on 17-7-2011 calling upon the opposite party to show cause as to why the accused-petitioner should not be enlarged on bail in M.G.R.Case No. 151 of 2010 arising out of Motihar P.S. Case.

(2.) The short fact of the F.I.R. case is that on 9.2.2010 one Majedul Islam Apu, General Secretary, Bangladesh Chhatra League, Rajshahi University Unit lodged the First Information Report with the Motihar Police Station against 35 accused-persons named in the F.I.R. along with 15/20 unknown persons. The said F.I.R. was recorded as Motihar P.S. Case No.05 dated 9-2-2010 under Sections 148/ 44/324/325/356/ 307/302/ 201/114/34 of the Penal Code and also Section 3 of the Explosive Substance Act. The contention of the F.I.R is that on 9-2-2010 the accused-persons being armed with deadly weapons like Chapati, ramdao, Chaines axe, iron rod, Pistol etc. entered into the T.V. room of S.M. Hall of Rajshahi University with a ill motive of killing. Then accused Shamsul Alam Golap ordered the other accused-persons to kill the activists of the Chhatra League and then the accused Reza caused grievious hurt on the head of Shafiullah with a Chapati. Accused Sabbir caused grievous injury to the waist of Shafiullah with Chapati, accused Arif injured on the head of Taufikul Islam with Chinese axe and accused Rabiul inflicted several blow one after another on the back of Lutfor Rahman by Chapati and when Faruque protested the same the accused Khaled inflicted a ram dao blow on the right rips of Faruque then accused Mobarek Hossain hit on the back side of the head of deceased Faruque by a ram dao and accused Imon and Saifuddin caught hold the right hand of deceased Faruque and accused Liton and Nazmul Hoque by hitting on the left hand by a iron pipe broke his hand. Thereafter accused Rabiul, Tafshir, Shaheen, Milon, Ahad and Anis broke his leg by inflicting iron pipe blow as a result Faruque fell down on the ground then Shamsul Alam Golap pressed on his right rips by his leg.

(3.) Earlier the bail petition was moved before the learned Sessions Judge, Rajshaji on 30-5-2011 who was pleased to reject the prayer for bail of the accused petitioner by his order dated 30-5-2011.