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Md. Abdur Rouf alias Lengra Rouf Vs. State, 2011, 40 CLC (HCD)
.... to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......oner was arrested on suspicious on 14.6.2010 and police submitted a charge sheet on 11.7.10 against the accused petitioner and 5 others under section 302/379/34 of the Penal Code and thereafter moved for bail, but failed, he then obtained the instant rule. 4. The learned advocate appearing for th......he impugned order. 7. On perusal of the FIR, seizure list and the charge sheet it appears that there is nothing to show that the petitioner is involved in the crime and then the petitioner has got fair chance of acquittal in this case and considering the factual aspect of the case that the trial ......s that there is nothing on record to implicate the petitioner in the so called incident and he has simply been arrested on mere suspicious and he is in custody since 14.6.2010, and till now since the trial has not been started and the case is remained in the court of judicial Magistrate and the tria..Category: Criminal Law | Date: | Hits: 43
Md. Raju Sheikh Vs. State, 2011, 40 CLC (HCD)
....ege; the informant along with her brother-in-law (Bhashur) Md. Adil Uddin, and others rushed to the place of occurrence and found three separate cut injuries on the dead body of her husband below his right ear and right shoulder and a cut injury on his right jaw, a big size cut injury on his throat......rresponding to Jhenidah P.S Case No.12 dated 12.02.2010 under Sections 302/34 of the Penal Code, now pending in the Court of learned Chief Judicial Magistrate, Cognizance Court, Jhenidah. 2. Facts for disposal of the rule are that Mst. Anjira Khatun lodged an FIR with the Jhenidaha Police Station......y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......ill appear that the petitioner is a minor boy and was compelled to take part in the alleged occurrence at the instance of the other accused persons and since the this petitioner is a minor boy, joint trial along with other accused persons is illegal, in view of the Children Act. He further submits t..Category: Criminal Law | Date: | Hits: 56
Md. Zamal Hossain alias Nata Zamal alias Zamal Vs. State, 2011, 40 CLC (HCD)
....y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......07, Dhaka. 2. In a dacoity case the petitioner was not named in the FIR but subsequently after being arrested made a confessional statement along with other accused persons. 3. Since his prayer for bail was rejected by the impugned order, he then obtained the instant rule. 4. The learned a......he petitioner submits that the petitioner is in custody since 21.6.2008. On perusal of the confessional statement it will appear that the confession is exculpatory in nature and the appellant has got fair chance of acquittal in this case. He further submits that although the trial court started tria......perusal of the confessional statement it will appear that the confession is exculpatory in nature and the appellant has got fair chance of acquittal in this case. He further submits that although the trial court started trial long before till now only P.W.1 was examined but thereafter no witness was..Category: Criminal Law | Date: | Hits: 59
Md. Tota Miah @ Tota Vs. State, 2011, 40 CLC (HCD)
.... to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... 302/34 of the Penal Code, now pending in the Court of Chief Judicial Magistrate, Tangail. 2. The petitioner was brought to the trial under section 302/34 of the Penal Code. 3. Since his prayer for bail was rejected by the impugned order, he then obtained the instant rule. 4. The learned ad......onal statement did not get any corroboration from the postmortem report and surathal report and this confessional statement thus can not be said to be a basis of conviction and the petitioner has got fair chance of acquittal in this case. He further submits that other co-accuseds have been enlarged ......rresponding to Mirzapur P.S. Case No.7 dated 13.09.2009 under section 302/34 of the Penal Code, now pending in the Court of Chief Judicial Magistrate, Tangail. 2. The petitioner was brought to the trial under section 302/34 of the Penal Code. 3. Since his prayer for bail was rejected by the im..Category: Criminal Law | Date: | Hits: 76
Md. Khorshed Alam Vs. State, 2011, 40 CLC (HCD)
.... to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......nding to Sadar Daskhin P.S. Case No.01 dated 01.11.2010 under section 25-B of the Special Powers Act, 1974 read with under table 7(Ka) of section 19(1) of the Narcotics Act, 1990 rejecting the prayer for bail of the accused petitioner. 2. A Microbus having 790 bottles of Phensedyl and one KG Gaza......urt of Magistrate for trial and there is no certainty as to when the trial will be commenced. He further submits that the petitioner is a helper and victim of circumstances and the petitioner has got fair chance of acquittal in this case and the trial is delayed for no fault of the petitioner and as...... obtained the instant rule. 4. The learned advocate appearing for the petitioner submits that the petitioner is in custody since 01.11.2010 and the case is lying before the court of Magistrate for trial and there is no certainty as to when the trial will be commenced. He further submits that the ..Category: Criminal Law | Date: | Hits: 51
Amir Sohel Miah Vs. State, 2011, 40 CLC (HCD)
....y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......2005 corresponding to Kotwali P.S Case No.33 dated 17.08.2005 under Sections 121(ka)/124(ka) of the Penal Code, now pending in the Court of Additional Session Judge, 1st Adalat, Faridpur. 2. Facts for disposal of the rule are that on 17.08.2005 at about 20.30 hours the informant accompanied by hi......nfessional statement it will appear that it is exculpatory in nature and nowhere the petitioner has shown his involvement in the alleged occurrence, in that view of the matter, the petitioner has got fair chance of acquittal in this case and some other co-accused Moulana Shahidul Islam and Md. Yousu......titioner has got fair chance of acquittal in this case and some other co-accused Moulana Shahidul Islam and Md. Yousuf have been enlarged on bail and the petitioner stands on the same footing and the trial is delayed for no fault of the petitioner and as such the petitioner may be enlarged on bail. ..Category: Criminal Law | Date: | Hits: 48
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
....Khatun through being registered saf kabala being No.1609 and 1601 dated 27.4.1979. The said quantum of 0.52 acres of land is the suit land. The plaintiffs mutated their name in the relevant record of right and paid the rent and taxes up to date and possessing the land through cultivating the same an......ganj, Dhaka in Title Suit No. 186 of 1995. 2. The plaintiff-respondent-petitioners filed Title Suit No.186 of 1995 in the Court of learned Assistant Judge, Kearniganj, Dhaka on 22.11.1995 praying for a decree of permanent injunction restraining the defendant/appellant/opposite party from disposs...... passed by the learned Assistant Judge, Keranigonj, Dhaka in title Suit No. 186 of 1995 is hereby restored. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......n possession of the so-called suit land and as such no question arises to hand over the possession of the non-existence suit land to the plaintiffs. 7. Upon the said pleadings of the parties, the trial court framed issues whereupon the plaintiff examined as may as 4 witnesses as P.Ws and the def..Category: Property Law | Date: | Hits: 62
Moshfiqul Islam alias Bilu Vs. State, 2000, 29 CLC (HCD)
....qul Islam alias Bilu, son of late Makbul Master, be released at once if not wanted in any other connection. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 593.......is that accused appellant was arrested on 15-4-1990 under section 54 of the Code of Criminal Procedure and on interrogation he admitted to have unauthorised arms in his possession and leading to his aforesaid admission police went to City College and in presence of witnesses the accused-appellant hi......qul Islam alias Bilu, son of late Makbul Master, be released at once if not wanted in any other connection. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 593.......efore the Police Station and lodged suo moto ejhar on the basis of which the case started and after investigation police submitted charge-sheet against the appellant. The case was thereafter sent for trial and the case was charged under section 19(a) and 19(f) of the Arms Act read with Special Power..Category: Criminal Law | Date: | Hits: 48
Mujibur Rahman Pathan and another Vs. State, 2011, 40 CLC (HCD)
....h can only be determined in due course of trial. Since there are specific allegations in the ejahar in respect of demanding dowry and torturing the victim-informant, the learned Judge of the Tribunal rightly rejected the application for discharge. The accused cannot not gag the proceedings at this s......cation under section 265 C of the Code of Criminal Procedure filed by the accused-appellants and framing charge against them in Nari-o-Shishu Nirjatan Damon Case No. 462 of 2003. 2. Facts relevant for disposal of this appeal are that the victim-informant Nargis Ara Banu lodged an ejahar with Tejg...... The order of stay passed by this Court at the time of admitting the appeal is vacated. Communicate a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......al appearing for the state submits that mere framing of charge does not mean that the accused persons would be held guilty for commission of offence under section 11 (Kha)/30 of the Ain. In course of trial, if it is found that the injury/hurt allegedly inflicted upon the victim was of simple nature,..Category: Criminal Law | Date: | Hits: 55
Karim Ullah alias Kalim Ullah Vs. State, 2011, 40 CLC (HCD)
....y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ......15 dated 25.3.2006 under section 302/34 of the Penal Code, now pending in the court of Additional Sessions Judge, Cox’s Bazar. 2. Prosecution case in short, inter alia is that one Ali Akbar as informant lodged an FIR with the Moheshkhali police Station alleging that the informant was living at ......ng for the petitioner submits that the allegation against the petitioner as narrated in the FIR appears to be improbable and the petitioner has implicated in this cased falsely and as such he has got fair chance of acquittal in this case. He further submits that even after issuance of non available ......acquittal in this case. He further submits that even after issuance of non available warrant of arrest upon the witnesses, till today no witness has turned up and there is no certainty as to when the trial will be concluded and the trial is delayed for no fault of the petitioner and the petitioner i..Category: Criminal Law | Date: | Hits: 65
Md. A. Razzak Vs. State, 2011, 40 CLC (HCD)
.... to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ase No.18 of 2003 corresponding to Atrai P.S Case No.9 dated 12.05.2003 under Sections 302/34 of the Penal Code, now pending in the Court of Additional Session Judge, Court No. 1 Naogaon. 2. Facts for disposal of the rule are that one Mst. Maleka lodged an FIR on 12.5.03 alleging that her husband......pt the disclosure of his name in the confessional statement by the co- accused Rabiul Alam alias Rabi there is nothing to implicate the petitioner in the so-called incident and the petitioner has got fair chance of acquittal in this case. He further submits that although the petitioner has voluntary......se. He further submits that although the petitioner has voluntary surrendered before the court and remaining in custody for more than 3 years and the case was transmitted long before on 3.3.05 to the trial court for trial but till now not a single witness has been examined in this case and there is ..Category: Criminal Law | Date: | Hits: 50
Md. Tazuddin and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....illegality in the impugned order. Accordingly the Rule is discharged, however, without any order as to costs. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: ...... the legality of order dated 7.7.1999 passed by the Assistant Judge, Shibpur, Narshingdhi in Title Suit No. 3 of 1998 rejecting their application under Order XI rule 14 of the Code of Civil Procedure for a direction upon the defendants to produce certain documents. 2. Facts relevant for disposal ......illegality in the impugned order. Accordingly the Rule is discharged, however, without any order as to costs. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: ......he Immovable Property Ordinance, 1982 were duly served and some of the plaintiffs received the same. Beside, the suit was not maintainable as being bared by law. 4. On the aforesaid pleadings, the trial Court framed the issues and proceeded with trial. At one stage, the plaintiffs filed an applic..Category: Property Law | Date: | Hits: 58
Md. Mahmudur Rahman alias Rasel and Others Vs. State, 2011, 40 CLC (HCD)
....nd reduced to their sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......ut of Mirjapur P.S. Case No. 02 dated 10.02.2006 under section 4(Kha) and 6 of the Explosive Substance Act, convicting the petitioners and 3 others and sentencing them to suffer rigorous imprisonment for a period of 8 years and to pay a fine of Tk. 5,000/-, in default to suffer rigorous imprisonment......nd reduced to their sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......n 21.04.2006 under section 4(Kha) and 6 of the Explosive Substance Act against the petitioners and others. 4. Thereafter the case was transmitted to the Court of Special Tribunal No.3, Tangail for trial and renumbered as Special Tribunal Case No.16 of 2006 wherein a charge was so framed under sec..Category: Criminal Law | Date: | Hits: 43
Abdul Baten Vs. State, 2011, 40 CLC (HCD)
....e and reduced to his sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......ial Tribunal, Dhaka in Special Tribunal Case No. No.2846 of 2003 convicting the accused petitioner under section 25-B (2) of the Special Powers Act and sentencing them to suffer rigorous imprisonment for 7(seven) years with fine of Tk.1, 00,000/- each, in default to suffer rigorous imprisonment for ......e and reduced to his sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ...... investigation police submitted a charge sheet on 9.1.2003 against the accused petitioner under the said section. 4. Thereafter the case was transmitted to the Court of Special Tribunal, Dhaka for trial and renumbered as Special Tribunal Case No. 2846 of 2003. 5. During trial the prosecution e..Category: Criminal Law | Date: | Hits: 56
Liton Vs. State, 2011, 40 CLC (HCD)
....e and reduced to his sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ...... 2004 corresponding to Gangni P.S. Case No. 09 dated 16.01.2004 convicting the accused petitioner under section 3(ka) of the Explosive Substance Act and sentencing him to suffer rigorous imprisonment for 7(seven) years with fine of Tk. 1,000/- in default to suffer rigorous imprisonment for 1(one) mo......e and reduced to his sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......accused persons including the petitioner under section 3(kha) and 4 of the Explosive Substance Act. 4. Thereafter the case was transmitted to the Court of Special Tribunal, 2nd Court, Meherpur for trial and renumbered as Special Tribunal Case No. 27 of 2004 which was read over to the accused pers..Category: Criminal Law | Date: | Hits: 48
Zabbar Muhury Vs. State, 2011, 40 CLC (HCD)
....any witness of the case, the trial Court is hereby directed to grant bail to the petitioner. Communicate the order at once. AKM Zahirul Hoque J.- I agree. This Case is also Reported in: ......ce submitted a charge sheet on 16.7.2008 against the petitioner along with 17 others under section 448/302/109/114/34 of the Penal Code. 3. The petitioner has voluntarily surrendered on 15.10.10 before the Court below and since his prayer for bail was rejected by the impugned order, he then obtai......any witness of the case, the trial Court is hereby directed to grant bail to the petitioner. Communicate the order at once. AKM Zahirul Hoque J.- I agree. This Case is also Reported in: ......responding to G.R.Case No.35 of 2007 under section 448/302/109/114/34 of the Penal Code, now pending in the 4th Court of Additional Sessions Judge, Mymensingh. 2. The petitioner was brought to the trial under section 448/109/114/34 of the Penal Code. After investigation police submitted a char..Category: Criminal Law | Date: | Hits: 46
Md. Shahidul Islam Vs. State, 2011, 40 CLC (HCD)
.... the trial of the case, the trial Court is hereby directed to consider the bail of the appellant. Communicate the order at once. AKM Zahirul Hoque J.- I agree. This Case is also Reported in: ...... Tribunal Case No.39 of 2010 arising out of G.R. Case No.42 of 2010 corresponding to Nawabgaonj P.S. Case No.41 dated 27.01.2010 under section 19A and 19(f) of the Arms Act, 1878 rejecting the prayer for bail of the appellant. 2. The appellant was brought to the trial under section 19A and 19(f) ...... the trial of the case, the trial Court is hereby directed to consider the bail of the appellant. Communicate the order at once. AKM Zahirul Hoque J.- I agree. This Case is also Reported in: ......0 corresponding to Nawabgaonj P.S. Case No.41 dated 27.01.2010 under section 19A and 19(f) of the Arms Act, 1878 rejecting the prayer for bail of the appellant. 2. The appellant was brought to the trial under section 19A and 19(f) of the Arms Act. 3. After investigation police submitted a char..Category: Criminal Law | Date: | Hits: 64
Md. Azim Uddin and others Vs. State, 2011, 40 CLC (HCD)
....respondent submits that the trial court committed no illegality in convicting them of the offence as alleged and further submits that the trial court has correctly assessed the evidence on record and rightly convicted and sentenced them and as such there is nothing to interfere in the impugned judgm......by the learned Additional Sessions Judge, Ist Court, Naogaon in Sessions Case No.09 of 1999 convicting the appellants under section 302/34 of the Penal Code and sentencing them to suffer imprisonment for life with a fine of Tk. 10,000/-, in default to suffer rigorous imprisonment for a period of 1(o......t night accused Abed, Ashraf and Tajimuddin called him through window and asked him to come out, on the torch light he found to recognize them they were holding stick on their hand and accordingly on fair he declined to go out to his house. On quarry about his father he did not make any reply. He fu......264/302/201/34 of the Penal Code against the persons including the appellants on 23.6.1998. 5. Thereafter the case was transmitted to the Court of Additional Sessions Judge, Ist Court, Naogaon for trial and registered as Sessions Case No. 9 of 1999 wherein charge was so framed against the accused..Category: Criminal Law | Date: | Hits: 56
Sontai Miah Vs. State, 2011, 40 CLC (HCD)
.... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ......f G.R. Case No.76 of 1996 corresponding to Gowainghat P.S Case No. 3 dated 18.09.1996 convicting the accused appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life with a fine of Tk. 20,000/- in default to suffer rigorous imprisonment for 6(six) months mo...... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ...... the appellant along with other five accuseds under section 302/34 of the Penal Code. 4. Thereafter the case was transmitted to the court of learned Additional Sessions Judge, 3rd Court Sylhet for trial and renumbered as Sessions Case No.114 of 1997 wherein a charge was so framed against the appe..Category: Criminal Law | Date: | Hits: 50
Mir Mahbubur Rahman Vs. State, 2011, 40 CLC (HCD)
....d to set at liberty at once if not been wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......s Judge, Barisal in Sessions Case No.108 of 2005 arising out of G.R. Case No.415 of 2003 (Sadar) convicting the appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and to pay of Tk. 25,000/-, in default to suffer rigorous imprisonment for further period o...... stated that Wazed Ali Howlader is her grand father and Sakina Khatun is grand mother. She was married in the year 2001 and read up to class VIII, her marital life was very happy, she never has any affairs with any body either before marriage or after marriage. She denied that she disclosed before t......tigation police submitted a charge sheet against the appellant on 13.10.2004 under section 302 of the Penal Code. 4. Thereafter the case was transmitted to the court of Sessions Judge, Barisal for trial and renumbered as Sessions Case No.108 of 2005 wherein a charge was so framed against the appe..Category: Criminal Law | Date: | Hits: 52
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