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Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)

....and the affidavit­-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312.......hammad Ershad, now detained in House No.10, Road No. 84, Gulshan Model Town, Gulshan, Dhaka, should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without any lawful authority or in an unlawful manner. 2. The case of the petitioner is ..

Category: Criminal Law | Date: | Hits: 113

Tahera Nargis Syed Vs. Shamsur Rahman, Deputy In­spector General of Prisons, Dhaka Central Jail, 1989, 18 CLC (HCD)

.... Present: Mustafa Kamal J Md. Mozammel Hoque J Tahera Nargis Syed……………………………Petitioner Vs. Shamsur Rahman, Deputy In­spector General of Prisons, Dhaka Central Jail…………………………Contemner Judgment May 31, 1989. Result: The contemner...... served upon the detenu on the same date inside the jail allegedly to prevent him from doing prejudicial activities to the economy or financial interest of the State. The detenu was not released from custody. 5. The petitioner filed the second Criminal Miscellaneous Case No.72 of 1989 under secti..

Category: Criminal Law | Date: | Hits: 124

State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)

.......... Appellant. Vs. The State ……………..…. Respondent. Judgment April 9 and 18, 2012. Result: Death Reference No. 87 of 2006 is accepted and all the Criminal Appeals and Jail Appeals are dismissed. Lawyers Involved: Md. Jahangir Alam, Deputy Attorney-General with ......r other accomplices threw in the nearby Municipal pond and it’s vicinity. He has further stated that amongst the accused persons accused Babul died on 22.8.2005 while remaining in Brahmonbaria Jail custody. 22. During cross-examination by defence this P.W.1 could not be shaken on the material ..

Category: Criminal Law | Date: | Hits: 105

Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corrup­tion Officer & others, 2001, 30 CLC (HCD)

....t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ......r. When the respondent No.2 arrived there, the petitioner's husband asked him to produce the search warrant and court's order as required under the law for searching a bank account or anything in the custody of a bank. The respondent No.2 failed to produce any search warrant and courts order necessa..

Category: Criminal Law | Date: | Hits: 305

Abul Khair & another Vs. State, 2002, 31 CLC (HCD)

....he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ......t and court appointed Mr. MA Bari lawyer to conduct the defence case on behalf of absconding accused Abul Khair and Imam Patwary. Other accused surrendered through engaged Advocate. They were sent to custody having prayer for bail. Afterwards charge was framed under sections 302/34 Penal Code agains..

Category: Criminal Law | Date: | Hits: 97

Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)

....ai PS alleging that on the night following 5-2-94 his brother Zainal Abedin was at the shop of one Saiful from where he was found missing. This fact was entered as GD No.150 dated 6-2-94 and SI Abdul Jail was deputed to work out the GD. This SI Abdul Jalil arrested accused Profulla Pal during inquir......plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ..

Category: Criminal Law | Date: | Hits: 102

Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)

....vember, 1975 (3‑11‑75) four national leaders, namely, Vice- President Syed Nazrul Islam, Prime Minister Captain Mansur Ali, Mr. Tajuddin Ahmed and Mr. Qumruzzaman were killed in the Dhaka Central Jail. In connection with that jail killing, Jail Authority 1odged FIR in Lalbagh Police Station whic......idity of the Indemnity (Repeal) Act, 1996, and the institution of Dhanmondi PS Case No.10 (10)/1996 have been challenged. It is stated in the application that the accused Colonel Faruqur Rahman is in custody and the petitioner‑mother tried her best to get the vokalatnama from him from the jail, bu..

Category: Criminal Law | Date: | Hits: 202

Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)

....ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ......ya Pirerbagh who stated that on 30-1-92 at about 6-30 AM he was going back to his residence after performing prayer while on the way he found that one accused Abdul Matin and another was under police custody. In his deposition he flatly denied to have any knowledge about the case and said that he wa..

Category: Criminal Law | Date: | Hits: 74

Dr. Abida Sultana Bhuiyan Vs. Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, and others, 2003, 32 CLC (AD)

....en he was taken to the Court of Metropolitan Magistrate, Dhaka and on the day the detenu was taken on remand and then produced before the Court on 19‑12‑2002 and then he was sent to Dhaka Central Jail where he is now being detained. The order of detention issued by the District Magistrate, Dhaka......mean that to justify the detention of a detenu the detaining authority is under an obligation to file the affidavit-in-opposition to discharge its burden of proof that the detenu is not being held in custody without lawful authority or in an unlawful manner. But the rule is not inflexible and that i..

Category: Criminal Law | Date: | Hits: 104

Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)

.... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ...... Magistrate, Satkhira. There­after, the petitioner filed MR Case No.3 of 2007 in the Court of Cognizance Court (Ka) Anchal, Satkhira under section 516A of the Code of Criminal Procedure for seeking, custody of the goods pending the conclusion of the inquiry or trial to the petition­er. Thereafter,..

Category: Criminal Law | Date: | Hits: 94

Iqbal Hasan Mahmood Vs. State, 2008, 37 CLC (HCD)

....led any property intentionally in his wealth statement and he was compelled to submit the said statement of assets under a very difficult situation within 72 hours when he was kept under detention in Jail custody without having sufficient document with him to give partic­ulars of assets. The convic......ny property intentionally in his wealth statement and he was compelled to submit the said statement of assets under a very difficult situation within 72 hours when he was kept under detention in Jail custody without having sufficient document with him to give partic­ulars of assets. The convict-app..

Category: Criminal Law | Date: | Hits: 125

Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)

....ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ...... against Rasmat Ali, Mokbul Hossain, and Atiqul Islam under sections 323/326/379/302 Penal Code, showing all of them absconding, subse­quently they surrendered to the court and they were sent to the custody. 3. Case record was sent to Sessions Judge Mymensingh for trial and disposal. It was regi..

Category: Criminal Law | Date: | Hits: 103

State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)

....ate………………………Appellant Vs. Abul Khair & 2 others….....Opposite Parties Judgment February 4, 1992. Result: Criminal Appeal No. 42 of 1985 and Jail Appeal No. 32 of 1988 are dismissed. Death Reference No.1 of 1985 is accepted. Cases Refe......Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ..

Category: Criminal Law | Date: | Hits: 116

Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)

.... the charges leveled against them. The appellants Nos. 1 and 2, who are on bail be discharged from their respective bail bonds. The appellant No.3 Abul Hashem alias Hashem who has been languishing in Jail more than 16(sixteen) years released from the Jail immediate­ly, if not wanted in any other ca...... up the investigation. He denied the suggestion that he had compelled accused-Hashem to make confessional statement before the Magistrate. He admitted that before taking Hashem into remand, he was in custody. He denied the sug­gestion that he did not torture on accused-Hashem, while he was on reman..

Category: Criminal Law | Date: | Hits: 112

Major (Retd.) M Khairuzzaman Vs. State, 1997, 26 CLC (HCD)

.... Md. Mozammel Hoque J. - This Rule was issued calling upon the opposite parties to show cause as to why they should not be directed to grant Division-I (Class-I) to the petitioner in Dhaka Central Jail is connection with Lalbagh PS Case No.1 11(11)75 as under-trial prisoner. 2. It is stated in......ypertension and high blood pressure and the treatment he needed is not available inside the jail. Due to prolonged detention the condition of his health has been deteriorating and he is being kept in custody in gross violation of the provisions of Jail Code and Human Rights. The petitioner applied o..

Category: Criminal Law | Date: | Hits: 105

Baharuddin Vs. State, 1993, 22 CLC (HCD)

....e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61....... Section 11 and it is the further contention of the learned Advocate for the appellant that even if, for the sake of argument, it is found that the alleged 8 packets of heroin were recovered from the custody of this appellant and co-accused Bahar - then unless these packets were separately tested by..

Category: Criminal Law | Date: | Hits: 81

Mahatab Vs. State, 2010, 39 CLC (HCD)

....f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ......f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ..

Category: Criminal Law | Date: | Hits: 97

State Vs. Azam Reza, 2008, 37 CLC (HCD)

....Mohammad Ali, Md. Hedayet Hossain, Masudul Hoque, Lutfunnessa Begum Lucky, Hasna Begum, Advocates - For the appellant. Death Reference No.6 of 2005 with Criminal Appeal No.322 of 2005 with Jail Appeal No. 40 of 2005. Judgment AKM Fazlur Rahman J.- This reference under section 374 of......usbands for twelve years. Her son by her first husband used to live with her (P.W.1). She further stated that five days after the occurrence she took Turja, the son of deceased by the accused, in her custody through the police. In cross-examination she stated that the accused was the third husband o..

Category: Criminal Law | Date: | Hits: 114

State Vs. Mohammad Salim, 2010, 39 CLC (HCD)

....he Penal Code in Sessions Trial Case No. 1 of 2001 by the judgment and order dated 27-6-2005. 2. Against the said judgment and order convict prisoner preferred Criminal Appeal No. 2686 of 2005 and Jail Appeal No. 690 of 2005. The Criminal reference, Criminal Appeal and Jail Appeal are heard toget......005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ..

Category: Criminal Law | Date: | Hits: 118

State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)

.... Afzal Hossain Ahmed J Md. Emdadul Haque Azad J The State … .......................Petitioner Vs. Dr. Md. Nurul Islam…….Condemned prisoner (In Death Reference No. 104 of 2005 and Jail Appeal No. 791 of 2005) Dr. Md. Nurul Islam and others....convict - appellants. Vs. Th...... of death on 10.7.2005 the condemned prisoner Dr. Md. Nurul Islam was aged about 72 years and at present is about 79 years. Furthermore, since arrest, immediately after the occurrence, he had been in custody for about 18 months prior to passing of his conviction and sentence on 10.7.2005 and he has ..

Category: Criminal Law | Date: | Hits: 104