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HC allows convict to stay with family conditionally

Landmark verdict

FE REPORT | November 09, 2020 00:00:00

The High Court on Sunday upheld five years' jail sentence of a convict, Moti Matbor, in a drug case, but allowed him to stay with his family on probation.

But he will have to fulfil some conditions during his probation period of one and a half years next under a probation officer.

As per the conditions, Moti Matbor will have to take care of his 75 year-old mother sincerely, he will give continuous support for the study of his 10th grader daughter and 2nd grader son and he will not arrange marriage of her daughter before due age.

The High Court bench of Justice Zafar Ahmed delivered the verdict after holding hearing on a petition filed seeking probation instead of serving jail in the case.

The court, however, rejected his revision petition filed challenging the trial court verdict that sentenced him five years' imprisonment in a drug case.

According to the Probation of Offenders Ordinance of 1960, this is the second verdict, said the lawyers who appeared for the convicted person.

Probation means giving the offender an opportunity to adapt to society without being imprisoned by suspending his or her sentence.

Advocate Shishir Muhammad Manir, Advocate Md Ruhul Anin and Advocate Md Asad Uddin appeared for Moti Matbor in the court, while Deputy Attorney General Md Enamu Haque Molla represented the state.

If the convicted person does not follow the conditions of the probation period he will have to serve the jail again, said Shishir Muhammad Manir.

The lawyer further said that the convicted person will spend his probation period under the supervision of Md Azizur Rahman Masud, probation officer of Dhaka district under the Directorate of Social Services.

Shishir Muhammad Manir said, "This is the second judgment in the history of the High Court delivered under the Probation of Offenders Ordinance, but under the Drugs Act, this is the first judgment."

A case was filed with the Kotwali Police Station in Dhaka on November 23, 2015 against Moti Matbor after police had recovered 411 pieces of yaba tablets from him and another 700 pieces from another person.

After completing the trial a lower court in Dhaka on January 08, 2017 sentenced the two accused five years' rigorous imprisonment and fined them Tk 20,000 each in the case.

The metropolitan sessions judge court in Dhaka that year rejected his appeal petition filed challenging the verdict. Then he moved to the High Court and filed a revision petition on July 01, 2017 seeking review of the sessions judge's court verdict.

The High Court admitted his revision petition and granted him bail on July 09, 2017. In the meantime the convicted had served in jail for 20 months.

Lawyer Shishir Muhammad Manir said, "Since it was the first offence of Moti Matbor and there is no record for him to be engaged with any other crime, he had filed a petition seeking probation from the High Court along with his review petition."

Considering his petition the High Court on October 21 this year asked the probation officer of Dhaka district to submit a report in the court after taking information about Moti Matbor. The probation officer on November 02 submitted a positive report about him.

Accepting the report, the High Court on Sunday granted him probation for a period of one and a half years.

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