Mohammad Sohel Chowdhury was murdered in Patiya, Chattagram on April 22, 2022, Kais, the prime accused of the murder case secured bail from the High Court Division through fraud.
But, the accused could not come out of jail as the state moved against the bail granted by the High Court Division, sources said.
Sources said that prime accused of the murder case Kais filed a bail petition with High Court from jail. As the HC adjourned hearing his petition without granting him bail, by concealing this information, the accused moved to another HC bench for bail.
After failing to bring the matter into the cause list for hearing, the accused moved a third HC bench, concealing the information that he had moved two other benches earlier.
This time, the accused got bail from the third bench. But, finally the accused could not come out of jail as the chamber judge of the Appellate Division stayed the HC order after the sate appealed against the bail order, sources added.
Deputy Attorney General Sarwar Hossain Bappi, who moved the appeal on behalf of the state, termed the incident as a terrible fraud by the accused.
"There is no scope for any accused to move a second or third bench when the matter is pending with one bench. A few such incidents took place at the High Court earlier.
Then, the High Court ordered that the concerned accused of those cases cannot seek bail in any court of the country for six months. Something like that can happen here too," the Deputy Attorney General said.
He also said that lobbyists and lawyers might have been involved in this case.
"We will appeal leave to appeal with the Appellate Division of the Supreme Court against the High Court order. Then, I will highlight the issue of concealing the information by the accused in the case. The Appellate Division is likely to cancel the bail of the accused," he said.
He said that the main accused in the case, Kais, filed a petition with the HC bench of Justice Md Mustafa Zaman Islam and Justice Md Aminul Islam seeking bail.
On May 28, the HC bench issued a rule asking the government to explain why Kais should not be granted bail in the case. The bench fixed July 27 to hear his bail petition, it was learnt.
After preliminary hearing and scrutinizing case document the same bench had on July 27 adjourned the hearing on the bail petition for two months.
But, the accused moved another HC bench seeking bail in the case, concealing the fact and information of his first petition, which was under trial in the HC bench led by Justice Md Mustafa Zaman Islam.
Though the bail petition came up for hearing before the HC bench of Justice ASM Abdul Mobin and Justice Md Akhtaruzzaman on August 10 and August 17, but hearing the bail petition did not take place.
After hiding the information of the application in two courts, Kais finally moved the third bench concealing the information that he had moved the matter in two previous benches.
The HC bench of Justice Ruhul Quddus and Justice Ashish Ranjan Das heard the petition on August 27 and issued a rule in this regard.
On August 31, the last working day before the vacation, the bench granted bail to the prime accused in Sohel murder case, though, the matter was pending before another bench, which issued a rule and adjourned for two months the final hearing of his bail petition.
Deputy Attorney General Sarwar Hossain Bappi said, after the issue of bail attempt in three benches came to the notice, the state moved the chamber judge of the Appellate Division. The Chamber Justice M Enayetur Rahim on September 5 stayed the HC order.
According to the case document, Mohammad Sohel was murdered in Patiya, Chattagram on April 22, 2022, after the fourth phase of Union Parishad elections in Chattagram.
On April 22, 2022, a young man named Sharif was beaten up by Abul Kashem Chairman's men. On the same night, Mohammad Sohel, the chairman's brother, was stabbed by the opponent's people.
He was taken to Chattogram Medical College Hospital with serious injuries and the doctor declared him dead.
A day after the incident, chairman Abul Kashem filed a murder case mentioning the names of Kais, Sharif, Md Monsur, Md Suman, Md Jahangir Alam, Jasimul Anwar Khan, Md. Asgar, Kaiser Uddin Johnny and unnamed 10-12 others with the Patiya police station.
Later, the case was transferred from the police to the PBI for investigation. PBI submitted charge sheet after investigation acquitting main accused Kais.
However, the court rejected the PBI report after scrutinising the case documents including eyewitnesses, confessional statement of the accused Kais and Sharif as well as the autopsy report of the case.
In its order, the court said that the investigating officer in his investigation report claimed that Kais was not present at the scene.
But, the accused Sharif in his deposition under section 164 said that along with Kais and Md Riyad he was hit Sohel with a sharp dagger.
In the deposition under Section 161 of the Code of Criminal Procedure, the witnesses have specifically stated that Sohel Chowdhury was hit on the upper body with a sharp knife by main accused Kais.
As a result, there is no logical reason to acquit accused No. 1 Kais as there are specific allegations against him, the court said.
