IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(CRIMINAL APPELLATE JURISDICTION)

Present:

Mr. Justice Md. Shohrowardi

Criminal Appeal No. 9257 of 2019 with Criminal Appeal No. 9492 of 2019 with Criminal Appeal No. 3650 of 2020 with Criminal Appeal No. 5685 of 2020 with Criminal Appeal No. 13499 of 2019 with Criminal Appeal No. 10786 of 2019 with

Criminal Appeal No. 14858 of 2019

Babul @ Bablu

…..Appellant in Cril. Appl. No. 9257 of 2019

Md. Kamruzzaman

.. Appellant in Cril. Appl. No. 9492 of 2019 Md. Zakir Hossain

…Appellant in Cril. Appl. No. 3650 of 2020 Rustom Ali Matubbor

…Appellant in Cril. Appl. No. 5685 of 2020 Nurul Haque Khokon

..Appellant in Cril. Appl. No. 13499 of 2019 Mostafa Kamal Lasker

..Appellant in Cril. Appl. No. 10786 of 2019 Abdul Matin Mollah

..Appellant in Cril. Appl. No. 14858 of 2019

-Versus-

The state and another

…… respondents

Mr. Md. Mamun Kabir, Advocate

..For the appellant in Cril. Appl. No. 9257 of 2019 Mr. M.M.A. Siddique, Advocate

..For the appellant in Cril. Appl. No. 9492 of 2019 Mr. Md. Safayeat Hossain Sajeeb, Advocate

..For the appellant in Cril. Appl. No. 3650 of 2020 Ms. Tahrima Salma Lina, Advocate

..For the appellant in Cril. Appl. No. 5685 of 2020 Mr. Golam Mostafa Lasker, Advocate

..For the appellant in Cril. Appl. No. 13499 of 2019 Mr. Golam Mostafa Lasker, Advocate

..For the appellant in Cril. Appl. No. 10786 of 2019 Mr. Abu Sayeed Sagar, Advocate

.For the appellant in Cril. Appl. No. 14858 of 2019

Mr. A.K.M. Fazlul Haque, Advocate

…For the respondent No. 2 in all the appeals.

Mr. S.M. Golam Mostofa Tara, DAG with Mr. A. Monnan, AAG

………….for the State in all the appeals.

Heard on: 28.8.2023, 30.10.2023, 06.11.2023, 07.11.2023, 08.11.2023, 09.11.2023, 13.11.2023. 14.11.2023, 16.11.2023, 21.11.2023

Judgment on: 27.11.2023

The above-mentioned criminal appeals have arisen out of the impugned judgment and order passed by the trial court. Therefore all the appeals were heard analogously and disposed of by this single judgment.

The Divisional Special Judge, Dhaka by impugned judgment and order dated 6.8.2019 passed in Special Case No. 29 of 2003 arising out of Kutwali Police Station Case No. 39(3)1998, G.R. No. 944(BAC)1998 convicting the appellants under section 420 of the Penal Code, 1860 and sentencing the appellant Nos. 1. Rustom Ali Matubbar 2. Md. Zakir Hossain 3. Nurul Haque Khokan 4. Mostafa Kamal Lashkar and 5. Abdul Matin Mollah to suffer rigorous imprisonment for 5 years and to pay a fine of Tk. 50,00,000(fifty lakh) each, in default, to suffer rigorous imprisonment for one year and sentencing the appellant 1. Md. Kamruzzaman and 2. Babul @ Bablu to suffer rigorous imprisonment for 3(three) years and to pay a fine of Tk.25,00,000 (twenty-five lakh) each, in default, to suffer imprisonment for 06 months.

The prosecution case, in short, is that Md. Amanullah, DGM, Sonali Bank Limited, Dhaka South Zone, lodged FIR on 16.03.1998 at 12.05 pm alleging, inter alia, that on 16.03.1998 at 12.30 Abdul Hamid Khan, Manager, Rupali Bank Ltd. Sadarghat Branch informed the Zonal Head Office of the said bank that the

account holder Md. Delwar of the said branch informed that there was only a deposit of Tk. 68,000 in place of the total deposit amounting to Tk. 5,14,000 in his Account No. 771 maintained with Rupali Bank Ltd, Sadarghat Branch. Thereafter, the informant along with the AGM Moynul Haque, Senior Principal Officer Nurul Haque and the Principal Officer Yusuf Aziz Muttaki of Rupali Bank Ltd, Zonal Office, South Zone-5 were instructed to enquire physically about the said allegation. During the inquiry, the above- named officers found irregularity in the said account and also other accounts. The said committee found that the deposits made by the account holders were not credited in their accounts and showing false deposits, the money had been withdrawn and in some accounts, the money was misappropriated showing false debit. During the preliminary inquiry, the inqu