DOT Desk : The High Court (HC) yesterday stayed the conviction and sentence of a former chairman of Jhikorgachha upazila in Jashore, clearing the way for her contesting the upcoming national election, reports The Daily Star.
The bench of Justice Md Rais Uddin passed the order after hearing a petition filed by Sabira Sultana, a BNP aspirant for Jashore-2 constituency, seeking stay on her conviction and six years’ jail sentence in a corruption case. The stay order will remain in force and Sabira’s conviction and sentence will remain suspended until her appeal against the conviction and sentence is disposed of by the HC, Sabira’s lawyer Advocate Aminul Islam told The Daily Star.
Following the HC order, there is no legal bar forSabira Sultana to contest the 11th general election, he said.
If the convicts including BNP Chairperson Khaleda Zia move petitions before the HC for staying their convictions and jail sentences and if their appeals against their convictions are pending, they might get redressed in line with the today’s HC order and they might be eligible to contest the elections, advocate Aminul said. He, however, said the order of the HC bench of Justice Rais Uddin is not a binding for the other HC benches.
He said the HC bench stayed the conviction and sentence of Sabira in line with Section 426(1) of Code of Criminal Procedure (CrPC).
Section 426 (1) of the CrPC stipulates, “Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail or on his own bond”.
Aminul said the Special Judge Court-7 of Dhaka on July 12 convicted Sabira and sentenced her to six years’ imprisonment in a case filed by the Anti-Corruption Commission (ACC) for amassing illegal wealth and concealing information about it.
Sabira filed an appeal with the HC on July 30 challenging the trial court verdict in the case.
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