The High Court has finally granted a four-month interim bail to BNP Chairperson Khaleda Zia in Zia Orphanage Trust corruption case.
The bench of Justice M Enayetur Rahim and Justice Shahidul Karim passed the order after hearing her bail petition in the case - in which Khaleda was sentenced to five years’ imprisonment last month, reports UNB.
The court in its order also asked the department concerned to prepare the case’s paper book within next four months so that the hearing of her appeal against her conviction could begin.
The court was scheduled to pass its order on the petition on Sunday, but deferred it to Monday as the documents relating to the lower court verdict in the case did not reach the High Court in time.
Monday’s hearing took place after the documents reached the department concerned of the court.
However, Attorney General Mahbubey Alam, who represented the state, said they would appeal against Khaleda’s bail order.
“We have already started the process to file the appeal. Hopefully, we will be able to file it tomorrow (Tuesday),” he told reporters at his Supreme Court office after the ruling Monday.
Anti-Corruption Commission (ACC), which had filed the case in 2008, was represented by Advocate Khurshid Alam Khan.
Khaleda's counsel Kaisar Kamal said: "Now, there is no legal bar to Khaleda Zia's release following the High Court order and we hope the documents related to it will reach the jail on Tuesday."
Khaleda filed the bail plea with the High Court on February 22. Barrister Nowshad Jamir and Barrister Kaiser Kamal, on her behalf, had submitted the 880-page petition showing 31 grounds for granting her bail.
The court on Monday said it was granting the former prime minister interim bail considering four grounds after hearing both parties.
The four grounds are – the lower term of her sentence, the paper book has not been prepared yet, she appeared before the court and did not abuse her bail during trial, and her age and health condition.
On February 25, Khaleda had failed to secure bail in the case as the High Court said it would pass an order on her bail plea upon receiving all the documents relating to the judgment from the lower court.
Earlier, the High Court asked the lower court to submit all the relevant documents within 15 days.
On February 8, Dhaka’s Fifth Special Judge’s Court convicted Khaleda and sentenced her to five years’ imprisonment in the Zia Orphanage Trust graft case. She was then sent to the old central jail at Nazimuddin Road in the city.
It also sentenced five other accused, including Khaleda’s son and BNP’s acting chairperson Tarique Rahman, to 10 years’ imprisonment and fined them Tk2.1 crore each.
The court read out a 632-page summarized version of the verdict on that day and it released the full 1,174-page copy of the verdict on February 19.
A total of 32 prosecution witnesses had testified before the court against Khaleda and others during the trial proceedings of the case.
According to case documents, ACC filed the case at Ramna police station on July 3, 2008, against the six for embezzling over Tk2.1 crore by forming an eyewash establishment named Zia Orphanage Trust.
After concluding the investigation, ACC submitted a charge sheet in court accusing them on August 5, 2009.
The trial, however, started five years later at Dhaka’s Third Special Judge’s Court on March 19, 2014.
Tarique, who is in the UK now, and Mominur Rahman, nephew of late president Ziaur Rahman, are still shown as fugitives in the case documents.
Two other accused – former BNP lawmaker Kazi Salimul Haque Kamal and businessman Sharfuddin Ahmed – are currently behind bars.
The High Court on March 7 also accepted to hear the appeal petition filed by Salimul and ordered that the fine imposed on him be stayed.
Hearing on his appeal petition will be held along with the hearing on appeal filed by Khaleda, said the court.Sections of this article was first published on banglatribune.com