সতর্কীকরণ! কেস রেফারেন্স ওয়েবসাইটে প্রকাশিত অধিকাংশ নজীর বিভিন্ন বই ও ওয়েবসাইট থেকে সংগ্রহ করা হয়েছে। এই সকল নজীর এর সঠিকতার বিষয়ে কেস রেফারেন্স ওয়েবসাইট কোন নিশ্চয়তা প্রদান করে না। কেস রেফারেন্স ওয়েবসাইটে প্রকাশিত নজীর এর উপর নির্ভর এর আগে সংশ্লিষ্ট নজীরটির রেফারেন্স মিলিয়ে নেওয়ার অনুরোধ করা হচ্ছে।
Publication of Proclamation
The prerequisites for publication of a proclamation are the issuance of a warrant and abscondance of the accused so as to evade the execution of the warrant. Attachment under section 88 of the Code of the property, movable or immovable, belonging to the pro- claimed person can be made after the order of proclamation issued under section 87. Maulana M A Mannan vs State 48 DLR 218.
Notice as to absconding accused-The notice with regard to the absconding accused was not published in two widely circulated newspapers, as required under section 339B(1) of the Code, rather, it was published in two dailies, namely, 'Karatoa' and 'Nowab', of which the latter was hardly known and was far from being widely circulated. Although the daily 'Nowab' cannot be regarded as having a wide circulation, the other daily has a wide circulation. Therefore, there is substantial compliance with the provisions of section 339B(1) of the Code since prior to such publi- cation, the compliance with the provisions of sections 87 and 88 of the Code of Criminal Proce- dure is found to have been duly complied. State vs Hamidul 61 DLR 614.
There is a gulf of difference between absence and abscondance- absence is not abscondance. For holding that a person is an absconder something more has to be shown. Jobaida Rashid, wife of Khondaker Abdur Rashid vs State 49 DLR 189.
The trial Court without taking steps or ascertaining about the compliance of sections 87 and 88 of the Code directed publi- cation of notice. On such facts it cannot be said that the accused was concealing himself from appearing in Court and publication of notice in news-paper and commencing the trial was in clear violation of the mandatory provision of law. So the case is sent back on remand for retrial giving opportunity to the petitioner for cross-examining the PWs already examined. Balayet Howlader vs State 49 DLR 520.
From a careful reading of the provisions of sub-section (6) of section 27 of the Act it appears that the lawmakers have consciously excluded the use of the provisions of sections 87 and 88 of the Code in respect of trial under the Special Powers Act. Sirajul Islam vs State 55 DLR 536.
For compelling an absconder accused to be brought to trial coercive power under sections 87 and 88 could be used Section 339B added to the Code to provide for trial in absentia. This trial in absentia, needs to be held only when all attempts had failed to bring the offender to trial and not just as a matter of course of only, on police showing them in the chalan to be absconders. Lal Mia vs State 42 DLR 15.
The expression 'in at least one news-paper" occurring in section 339B CrPC is mandatory and, in this view of the matter, the learned Sessions Judge ought to have condoned the delay and should not have dismissed the appeal summarily without deciding the same on merit. The order passed by the learned Sessions Judge on 19-11-1986 dismissing the appeal summarily on the ground of limitation is set aside. Moktar Ahmed vs Haji Farid Alam 42 DLR 162.
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