The High Court on Sunday overturned an appeal seeking cancellation of a five years jail sentence for a convict in a narcotics case, but allowed him to stay with his elderly mother and care for her under three conditions.
The convict, Moti Matbor, was awarded a five-year jail sentence in a narcotics case on January 8, 2017. The conditions are- Moti has to take care of his 75-year-old mother, ensure continued studies for his children (a daughter and a son) and third, that he cannot marry off his 15-year-old daughter till she turns at least 18.
For one-and-half years Moti has to stay under the supervision of a probation officer, who will periodically submit a report on his conduct to the HC.
At the end of 18 months, Moti will be sent to jail if he is judged to have failed to satisfy the conditions. If he manages to comply however, he can have the sentence commuted at that point, providing him an incentive for good behaviour.
Advocate Md Shishir Monir stood for the accused while Deputy Attorney General Md Enamul Haque Mollah represented the state.
July 1, 2017 Moti filed a review petition to the HC challenging his sentence and sought bail. Later, he was freed on bail on July 9. Moti had also filed an appeal for probation under the Probation Ordinance, 1960 with the review petition.
Earlier on November 2, a probation officer submitted a report to the HC stating a positive view of his behaviour till now.
Where legal proceedings can be blandly technical or exceedingly tedious, today’s ‘landmark judgement’ under the Probation Ordinance (1960) would seem to have been wrought in humanity, and inspire other judges to seek options under the same ordinance.