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Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....Attorney General with Yasmin Begum Bithi, Assistant Attorney General - For the State. Criminal Appeal No.1780 of 2004. Judgment Shahidul Karim J.- This Criminal Appeal at the instance of the convict-appellants Jahirul Haque alias Md. Jahirul Haque and Billal Hossain alias Billal is directed......st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ..Category: Criminal Law | Date: | Hits: 83
Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)
.... Dolon (Md.)………………………….Appellant Vs. State…………………………Respondent Judgment January 16, 2012. Result: The appeal is allowed. A person can be convicted relying on the eviÂdence of the member of law enforcing agency if their evidence found to......me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ..Category: Criminal Law | Date: | Hits: 99
Soton @ Arif Hossain and another Vs. State, 1997, 26 CLC (HCD)
....r the State Criminal Miscellaneous Case No. 2779 of 1997. Judgment Mohammad Gholam Rabbani J.- This Rule under section 561A of the Code of Criminal Procedure is against the petitioners' conviction and sentence vide judgment and order dated 3‑2‑94 passed by the Additional Anti‑Ter......e was no illegality in trying the petitioners in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ..Category: Criminal Law | Date: | Hits: 99
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
....trict Magistrate, as the case may be, meaning the Mobile Court must take cognizance of the alleged offence instantly at the spot provided the same has been committed or unfolded in his presÂence and convict the accused and award the preÂscribed sentence to him on the basis of his plea of guilty un...... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ..Category: Criminal Law | Date: | Hits: 81
Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)
....o.2224 of 2002. With Criminal Appeal No.2210 of 2002. Criminal Appeal No.2224 of 2002. Judgment Syed Abu Kowser Md. Dabirush-Shan J.- Criminal Appeal No.2224 of 2002 at the instance of convict appellant Ujjal and Criminal Appeal No.2210 of 2002 at the instance of convict-appellant Gol...... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ..Category: Criminal Law | Date: | Hits: 78
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....he learned Judge send the case record to this Court for confirmation of sentence of death and office of this Court registered the same as Death Reference No.176 of 2004. 2. Condemned-prisoners and convicted appellants also challenge their conviction and sentence in Criminal Appeal Nos.19 of 2005,......Division (Criminal) Present: Sharif Uddin Chaklader J Md. Emdadul Haque Azad J The State......................Petitioner Vs. Md. Mobarak and others......................Condemned-prisoners Judgment October 19 & 20, 2008. Result: The Death Reference No.176 of 2004..Category: Criminal Law | Date: | Hits: 89
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
....-1 of the Penal Code, the only alternative available to the prosecution to sustain the charge is to depend on circumstantial evidence. The settled law on circumstantial evidence in order to sustain a conviction on circumstantial evidence alone there must exist an unbroken and well knit chain of even......hich are always kept in mind while evaluating the merits of the case and fixed formula can be adopted……………………………………..(63) It is the duty of the prosecution to prove the prisoner's guilt. If at the end of and on the whole of the case, there is reasonable doubt created b..Category: Criminal Law | Date: | Hits: 84
State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)
...., 1998. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 426 Though the appellate Court including the High Court Division may enlarge a convict on bail for reasons to be recorded by it such a convict is not entitled to be released on ba......or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ..Category: Criminal Law | Date: | Hits: 87
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
....egal punishment. In view of the provision of section 134 of the Evidence Act which provides that no particular number of witnesses shall in any case be required for the proof of any fact, a Judge may convict an accused solely on the basis of the unimpeachable and unshaken evidence of the officer or ...... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ..Category: Criminal Law | Date: | Hits: 92
Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)
....ral with Md. Atiqul Karim, Assistant Attorney-General -For the respondent. Criminal Appeal No.3608 of 2000. Judgment Md. Abu Tariq J.- This criminal appeal is directed at the instance of the convict-appellants against the judgment and order of conviction and sentence dated 14.11.2000 passed...... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ..Category: Criminal Law | Date: | Hits: 86
Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)
....nsari, Assistant Attorney-General - For the Opposite party No.1. Criminal Miscellaneous Case No.13798 of 2008. Judgment Afzal Hossain Ahmed J.- This Rule, at the instance of the convict Sobhan Munshi, was issued calling upon the opposite party to show cause as to why the impugn...... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ..Category: Criminal Law | Date: | Hits: 81
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
.... occurrence of the case…………………………….(33) Confession and judicial confession Judicial confession if it is found to be true and voluntary, can indeed form the sole basis of conviction as against the maker of confession………………………….(44) Confessional st......ed for acceptance of the reference and dismissal of the appeals filed by the convicts. 7. Mr. Abdul Halim Chaklader, the learned Advocate with Md. Fakhar Uddin appearing on behalf of the condemned-prisoner Isahak Ahmed make his submission opposing the reference and supporting the Criminal Appeal ..Category: Criminal Law | Date: | Hits: 158
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
.... Rahman Khan with Shamima Ara Dora, Assistant Attorneys-General-For the State. Criminal Appeal No.966 of 1993. Judgment Md. Abdul Quddus J.-This appeal is directed against judgment, order of conviction and sentence dated 29‑4‑1993 by learned Sessions Judge Jhinaidha in Sessions Case No.......appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ..Category: Criminal Law | Date: | Hits: 93
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....……….Respondent Judgment April 27, 2008. Result: The Appeal is allowed. Duties of a Court in Criminal Proceedings The cardinal principles of criminal jurisprudence in awarding conviction followed by sentence upon an indicted person demands meditation. A legal survey of law, a......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ..Category: Criminal Law | Date: | Hits: 74
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....€¦.(33) Words and Phrases Reasonable Doubt The expression "Reasonable Doubt" is incapable of definition. Plain meaning of "Doubt" is uncertainty of mind, the absence of a settled opinion or conviction, the attitude towards acceptance of a belief in proposition, theory or statement. It i......62 may be noticed which are couched in following language: "If at the end of and on the whole of the case there is a reasonable doubt created by the evidence given by either the prosecution or the prisoner, as to whether the prisoner killed the deceased with a malicious intention, the prosecution..Category: Criminal Law | Date: | Hits: 98
Md. Liton Miah alias Ripon Vs. State, 2006, 35 CLC (HCD)
....y on the basis of highly interested police witnesses In a charge for recovery of arms when a case has been installed and processed by the Police, they generally become very much interested to earn conviction upon a person under indictment for offence of illegal possession of arms and ammunition. ......t liberty at once if not wanted in connection with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ..Category: Criminal Law | Date: | Hits: 125
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....tried in Sessions Case No.138 of 2003 arising out of Haluaghat Police Station Case No.2(1)03 corresponding to GR No.5(2)02 by the learned Additional Sessions Judge, In Charge, First Court, Mymensingh convicting the appellant under section 387 of the Penal Code and sentencing him thereunder to suffer......erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ..Category: Criminal Law | Date: | Hits: 62
....t.
In the results, the rule is discharged.
However, there shall be no order as to costs.
Moyeenul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 152.
......e while canÂcelling Annexure-C. In the case of R Vs. Secretary of State for the Home Department, ex parte Tarrant reported in 1984 1 All, Er 799, the decision of the board of visitors not to allow a prisoner legal representation was regarded as both unfair and unreasonable by the Court on the groun..
Category: Administrative Law | Date: | Hits: 299
Mirja @ Mizan Vs. State, 2007, 36 CLC (HCD)
....8, 2007. Result: The appeal is allowed. The Arms Act, 1878 (Act No. XI of 1878); Section 19A and (f) Mere knowledge about any arms and ammunition is not enough to make someone liable for conviction under Section 19A and (f) of the Arms Act. The accused must have control and possession o......on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ..Category: Criminal Law | Date: | Hits: 65
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....l its aspects, and testing its veracity, has come to the conclusion that it is not reliable by itself, and that it suffers from an infirmity, then, without corroboration it cannot form the basis of a conviction……………………(58) In the absence of a medical certification that the injured......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ..Category: Criminal Law | Date: | Hits: 85
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