Tuesday, November 20, 2012

16 Sep 2012: Mobarak Hossain bail

The tribunal first dealt with the case of Mobarak Hossain who has been enlarged on bail. The tribunal asked the prosecution whether a progress report was ready, and they said that it was.

Md. Shajahan then appeared on behalf of the petitioner and submitted a petition to the Tribunal seeking bail.  After perusal the Chairman said to the lawyer that he would like to say that- by getting the bail you are staying in a calm and quiet condition, thus you have not frustrated the condition of the bail and you are praying for the extension of the bail. 

Then he asked the Prosecution- if they have anything to say. Sultan Mahmud Simon appearing on behalf of the Prosecution has stated that they  have submitted the progress report of the investigation. There is an anomaly about his age in his several certificates. His name is also in the list of Razakars, and there is a charge against him for the crimes against humanity. There is no ground to enlarge him on bail, so we are drawing your kind attention for the cancellation of bail.

The Chairman then passed the following order (summary below)
Accused Md. Mobarok Hossain alias Haji Mobarok Hossain is present before the Tribunal today. On 16-7-2012 he has been enlarged on bail for two months and was directed to be produced before the Tribunal after two months. Today he is present. Md. Shahajahan on behalf of the petitioner has submitted an application for the extension of bail on behalf of the accused petitioner. We have perused the Application. On the other hand Sultan Mahmud Simon on behalf of the Prosecution has submitted the progress report. We have perused that. Along with the report the Prosecution has submitted a prayer for the cancellation of bail. It is alleged that the accused is threatening the witnesses; a GD entry has also been attached with it. One of the witnesses has made statement before the Magistrate. So, according to the Prosecution there is no scope for the enlargement of bail. We have perused the prayer. 
We have perused everything and the accused has prayed that he has not misused anything which can frustrate his enlargement of bail. The Prosecution has alleged that- the accused is threatening the witnesses. We are giving a caution to the witness that he is not supposed to do these sorts of activities. If things continue like this his bail will be rejected. So the prayer for bail of extension is allowed for 2 months, i.e. 15-11-2012. He is to be produced on the following day and the Prosecution is ought to submit the progress report of Investigation.

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