The HC bench of Justice Md Nazrul Islam Talukder and Justice KM Hafizul Alam passed the order with the rule after hearing a petition filed by ACC.
The rule sought to explain why the order of Barishal District Judge Court acquitting the accused in the case should not be revoked.
Advocate Md Khurshid Alam Khan stood for the ACC while Deputy Attorney General AKM Amin Uddin Manik represented the state.
Earlier on September 23, the former whip was acquitted by a Barishal court. ACC filed a petition with the High Court challenging that order.
ACC assistant director Abdur Rahim Joardar filed a case on June 25, 2009 accusing Udoykathi union parishad member Sukumar Boiragi of embezzling 10 tons of rice allocated for the people affected by tidal wave and cyclone in the southern region of the country in 2006-2007 financial year.
On completion of investigation, ACC assistant director Md Wazed Ali Gazi filed the charge sheet accusing two persons including former whip Syed Shahidul Haque Jamal of graft.