The High Court, for the first time in Bangladesh's judicial history (Special Laws), has granted probation to a person sentenced to five years in prison for drug peddling by a trial court.
Following the court’s order, convict Md Moti Matbor will now be able to stay with his family for the next one and a half years, instead of going to jail, on three conditions.
The conditions are: He must take care of his 75-year-old mother, ensure the continuation of the studies of his daughter and son, and cannot marry-off his daughter until she turns 18.
The High Court bench of Justice Zafar Ahmed upheld the lower court verdict and passed the probation order on Sunday after concluding a revision filed by the convict on July 1, 2017.
Advocate Mohammad Shishir Manir stood for the convict.
Dhaka district Probation Officer Md Azizur Rahman Masud was present during the issuing of the verdict and the convict was put into his custody immediately.
According to the court order, Matbor’s probation will be cancelled if he breaks any of the three conditions set by the court.
Speaking to Dhaka Tribune, Advocate Mohammad Shishir Munir: “This is a groundbreaking verdict, under the Probation Ordinance 1960, in the country’s judiciary history.
“The convict will live on probation under the Department of Social Services and will have to follow the three conditions,” he added.
Earlier on January 8, 2017, Matbor was sentenced to five years in prison and fined Tk20,000, in a case filed over drug peddling.
Since then, Matbor had spent 20 months behind the bars after getting arrested on November 23, 2015.
The High Court on July 9, 2017, granted the convict bail.
July 1, 2017, Matbor filed the revision petition.
In 2006, the High Court granted two years of probation to a convict who was sentenced to six months in prison by a lower court under Section 323 of the Bangladesh Penal Code
