As per law no lower court can pass any order if the case is pending with a higher court.

A metropolitan magistrate on December 7 granted bail to Shaheen and his brother Zaheen of South Jatrabari in the Abdul Hye alias Raja murder case.

According to the prosecution, the two brothers along with 25 unidentified people beat the victim to death on November 27 last year. The victim's wife had filed a murder case later with Demra Police Station accusing the brothers.

On October 28, the brothers surrendered to the High Court (HC) seeking bail. The HC, refusing them bail, directed Shaheen and Zaheen to surrender before the Chief Metropolitan Magistrate's (CMM) Court, Dhaka within two weeks.

The brothers appeared before the CMM court on November 6 and sought bail again. The court rejected their bail petition and gave the order to send them to Dhaka Central Jail.

Following the rejection, the defence lawyers filed a criminal appeal with the Metropolitan Sessions Judge's Court. The court scheduled January 5 for the hearing. The court also called for the lower court record (LCR) on the hearing date.

Another defence lawyer filed a bail petition with the CMM court on December 7 and the court granted bail saying the brothers were implicated in the case as part of a conspiracy to harass them.

A lawyer requesting anonymity told The Daily Star that no lower court can pass any order on an issue that is pending with the higher court.