Delwar released on bail

M Moneruzzaman

08Tuba Group owner Delwar Hossain was released on Tuesday on interim bail for two months granted by the High Court in a case of culpable homicide by negligence in connection with the fire at his apparel factory Tazreen Fashions that killed 112 workers in November 2012.
Sources in the jail said that the order of Delwar’s bail reached the prison authorities at about 5:45pm from the Dhaka Chief Judicial Magistrate’s Court, but he was released at about 8:00pm only after getting clearances from the government and intelligence agencies.
The Dhaka central jail senior superintendent, Farman Ali, said that he had asked the officials concerned to release Delwar after verifying the bail documents reached at the jail about 5:45pm.
On July 24, the High Court bench of Justice Syed AB Mahmudul Huq and Justice Md Nazrul Islam Talukder granted the bail to Delwar following an application stating that he would pay wages to about 3,000 agitating workers of his factories that remained outstanding since April.
Additional attorney general Murad Reza, now in charge of the office of the attorney general’s office in his absence, on Sunday said that the office would appeal against the bail of Delwar though there was no government instruction..
He told New Age on Tuesday afternoon that the office already applied for certified copy of the order.
‘After examining the order, we will decide whether appeal against Delwar’s bail would be filed or not,’ he added.
Delwar, also the Tazreen Fashions Limited managing director, was sent to jail after he had surrendered to the Dhaka Chief Judicial Magistrate’s Court on February 9 in a case of culpable homicide by negligence in connection with the factory fire.
Delwar’s bail petition was rejected by the chief judicial magistrate on February 10 and by the Dhaka district and sessions judge on June 10.
Delwar is also facing six other cases of cheating for allegedly issuing checks which have been bounced for cash deficit. He obtained bail in the cases earlier.
In the Tazreen fire case, Delwar Hossain obtained bail from the High Court bench after being denied by three other benches in July.
There were allegations that Delwar had suppressed the fact in obtaining the bail, which legal experts said, was tantamount to ‘fraud’ and ‘professional misconduct’ by his lawyer.
Rule 6 of the Supreme Court of Bangladesh (High Court Division) Rules 1973
stipulates, ‘When an application is made to the court or to the registrar in any matter in which any previous application was made to the court or to the registrar to the same effect, or with the same object, or with a similar object, the fact of such application having been made and the order passed thereon shall be clearly stated in the application.’
Deputy attorney general Shafiul Bashar Bhandari, who appeared in Delwar’s case, said that Delwar’s latest bail application had said nothing about status of the previous applications and subsequent orders.



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