Mobile Court Ain, 2009
Section 4 and 6(1)- From a combined reading of the provisions of section 4 and section 6(1), it is abundantly clear that the authorized Executive Magistrate or the authorized District Magistrate, as the case may be, meaning the Mobile Court must take cognizance of the alleged offence instantly at the spot provided the same has been committed or unfolded in his presence and convict the accused and award the prescribed sentence to him on the basis of his plea of guilty. Foyez Ahmed vs State, 64 DLR 257
Sections 4 and 6-There is no scope to convict a person under the Ain, who was apprehended or arrested or detained by the police prior to his trial, that is, before commencement of Mobile Court proceeding. If anyone is convicted in the manner, the whole proceeding of the Mobile Court will be vitiated and the order of conviction is illegal and without juris- diction. State vs Executive Magistrate Md Rafiqul Islam, 69 DLR 18
Sections 4, 6(1) & 7(1)-The Executive Magistrate committed an illegality of the highest magnitude in taking cognizance of the alleged offence on 7-2-2011 and convicting the petitioner on the following day (8-2-2011) under section 189 of the Penal Code at a place other than the spot. Foyez Ahmed vs State, 64 DLR 257
Section 13(3)- Bail- The petitioner was sentenced to imprisonment for 6 months. Hence, the general law provides that the Court passing the sentence may grant bail if the convict expresses his intention to present an appeal. In this case the petitioner in fact filed the appeal and could have been granted bail. Moreover, it must be borne in mind that where the sentence is only for a short period, in this case six months' simple imprisonment, not granting bail would frustrate the appeal and ultimate success, if any, would be meaningless. Hence, it is our view that ends of justice requires that when a person is convicted and sentenced to imprisonment for less than one year and he applies for bail before the Court convicting him stating that he intends to prefer appeal, or an appeal is admitted challenging the extent or legality of the sentence, bail ought to be granted.
It is ordered that the bail granted to the petitioner by the learned Judge-in- Chamber shall continue till disposal of the appeal now pending before the Additional District Magistrate, Dhaka. The Additional District Magistrate is hereby directed to conclude hearing of the appeal within two months from receipt of a copy of this judgement. Ashraful Islam Imran =VS= The State, [9 LM (AD) 360]
Mobile Court Ain, 2009
Section 13(3)
Ends of justice requires that when a person is convicted and sentenced to imprisonment for less than one year and he applies for bail before the Court convicting him stating that he intends to prefer appeal, or an appeal is admitted challenging the extent or legality of the sentence, bail ought to be granted.
The Appellate Division observed that although the Mobile Court Ain, 2009 does not provide the appellate Court with any power to grant bail, it should not overlook the provision of granting bail which is especially provided for in the case of short sentences. An analogy may be drawn to the general law as provided by section 426(2A) of the Code of Criminal Procedure, which provides as follows: "When any person is sentenced to imprisonment for a term not exceeding one year by a Court, and an appeal lies from that sentence, the Court may, if the convicted person satisfies the Court that he intends to present an appeal, order that he be released on bail for a period sufficient in the opinion of the Court to enable him to present the appeal and obtain the orders of the Appellate Court under sub-section (1) and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended." In the instant case the petitioner was sentenced to imprisonment for 6 months. Hence, the general law provides that the Court passing the sentence may grant bail if the convict expresses his intention to present an appeal. In this case the petitioner in fact filed the appeal and could have been granted-bail. Moreover, it must be borne in mind that where the sentence is only for a short period, in this case six months' simple imprisonment, not granting bail would frustrate the appeal and ultimate success, if any, would be meaningless. Hence, it is the Appellate Division view that ends of justice requires that when a person is convicted and sentenced to imprisonment for less than one year and he applies for bail before the Court convicting him stating that he intends to prefer appeal, or an appeal is admitted challenging the extent or legality of the sentence, bail ought to be granted. In the facts and circumstances discussed above, it is ordered that the bail granted to the petitioner by the learned Judge-in-Chamber shall continue till disposal of the appeal. Ashraful Islam Imran -Vs. The State (Criminal) 20 ALR (AD) 79-81
13(3)a- Bail– The petitioner was sentenced to imprisonment for 6 months. Hence, the general law provides that the Court passing the sentence may grant bail if the convict expresses his intention to present an appeal. In this case the petitioner in fact filed the appeal and could have been granted bail. Moreover, it must be borne in mind that where the sentence is only for a short period, in this case six months’ simple imprisonment, not granting bail would frustrate the appeal and ultimate success, if any, would be meaningless. Hence, it is our view that ends of justice requires that when a person is convicted and sentenced to imprisonment for less than one year and he applies for bail before the Court convicting him stating that he intends to prefer appeal, or an appeal is admitted challenging the extent or legality of the sentence, bail ought to be granted.
It is ordered that the bail granted to the petitioner by the learned Judge-in-Chamber shall continue till disposal of the appeal now pending before the Additional District Magistrate, Dhaka. The Additional District Magistrate is hereby directed to conclude hearing of the appeal within two months from receipt of a copy of this judgement. ...Ashraful Islam Imran =VS= The State, (Criminal), 2020 [9 LM (AD) 360]
Section 13(3)
Bail– The petitioner was sentenced to imprisonment for 6 months. Hence, the general law provides that the Court passing the sentence may grant bail if the convict expresses his intention to present an appeal. In this case the petitioner in fact filed the appeal and could have been granted bail. Moreover, it must be borne in mind that where the sentence is only for a short period, in this case six months’ simple imprisonment, not granting bail would frustrate the appeal and ultimate success, if any, would be meaningless. Hence, it is our view that ends of justice requires that when a person is convicted and sentenced to imprisonment for less than one year and he applies for bail before the Court convicting him stating that he intends to prefer appeal, or an appeal is admitted challenging the extent or legality of the sentence, bail ought to be granted.
It is ordered that the bail granted to the petitioner by the learned Judge-in-Chamber shall continue till disposal of the appeal now pending before the Additional District Magistrate, Dhaka. The Additional District Magistrate is hereby directed to conclude hearing of the appeal within two months from receipt of a copy of this judgement. ...Ashraful Islam Imran =VS= The State, (Criminal), 2020 [9 LM (AD) 360]
Section 13(3)
Bail– The petitioner was sentenced to imprisonment for 6 months. Hence, the general law provides that the Court passing the sentence may grant bail if the convict expresses his intention to present an appeal. In this case the petitioner in fact filed the appeal and could have been granted bail. Moreover, it must be borne in mind that where the sentence is only for a short period, in this case six months’ simple imprisonment, not granting bail would frustrate the appeal and ultimate success, if any, would be meaningless. Hence, it is our view that ends of justice requires that when a person is convicted and sentenced to imprisonment for less than one year and he applies for bail before the Court convicting him stating that he intends to prefer appeal, or an appeal is admitted challenging the extent or legality of the sentence, bail ought to be granted.
It is ordered that the bail granted to the petitioner by the learned Judge-in-Chamber shall continue till disposal of the appeal now pending before the Additional District Magistrate, Dhaka. The Additional District Magistrate is hereby directed to conclude hearing of the appeal within two months from receipt of a copy of this judgement. ...Ashraful Islam Imran =VS= The State, (Criminal), 2020 [9 LM (AD) 360]
