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State Vs. Tota Mia, 1997, 16 CLC (HCD)
....inal) Present: Md. Gholam Rabbani J Nurul Islam J State……………Appellant Vs. Tota Mia………………Condemned Prisoner Judgment December 1, 1997. Result: The Jail Appeal and the Criminal Appeal are dismissed with the modification in sentence to the effect th......onal statement and he would not be sent back to the police if he did make or he did not make any confessional statement. We therefore, find that whatever treatment he got previously during the police custody did not influence Tota to make the confessional statement. We, therefore, hold that the conf..Category: Criminal Law | Date: | Hits: 74
State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
....Mozammel Hoque J.- This suo moto Rule was issued directing the Secretary, Ministry of Home Affairs, Government of Bangladesh, Deputy Commissioner, Satkhira, Superintendent of Police, Sathkira and the Jailor, Satkhira Jail, Satkhira, to show cause as to why the detenu Md. Nazrul Islam should not be b......enu Md. Nazrul Islam should not be brought before this Court to be dealt with in accordance with law and to show cause under what authority they are detaining the aforesaid detenu Md. Nazrul Islam in custody. 2. This is a case which has got a history of its own. On 06.10.92 a news item under the ..Category: Criminal Law | Date: | Hits: 97
Kazi Kamrul and others Vs. State, 2011, 40 CLC (AD)
....the High Court Division. The contentions raised by the learned counsel merit no consideration. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 529. ......ssment of the evidence on record found the accused-respondents guilty of the charges and sentenced them to rigorous imprisonment for 10(ten) years with fine with a direction to deduct the period in custody in the mean time. The accused-respondent being aggrieved by the said judgment and order of c..Category: Criminal Law | Date: | Hits: 64
Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)
....Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ......esses. 8. It could not be disputed by the learned Advocate for the State that the days for which adjournments have been taken by the prosecution for production of the accused petitioners from jail custody and for producing prosecution witnesses could not be excluded from counting towards the stat..Category: Criminal Law | Date: | Hits: 58
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....dered to be set at liberty at once, if not wanted in any other connection. 8. The Assistant Commissioner of Police (Detective) DAB, however, most illegally took the accused petitioner from Central Jail on remand in, Kotwali PS Case to an unknown place and physically tortured him in an inhuman man...... the order dated 30.6.93 passed by the Chief Metropolitan Magistrate, Dhaka in Ramna PS case No.126(8)92 under sections 326/307/302/34 of the Penal Code remanding the accused petitioner in the Police custody for 3 days. 2. The aforesaid case was started at the instance of one Md. Abdul Halim Khan..Category: Criminal Law | Date: | Hits: 87
Shamsuddin Vs. The State, 1990, 19 CLC (HCD)
....nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ......n of murder. The learned Advocate contends that by suggesting that the deceased committed suicide by hanging the appellant tried to save himself from being punished. As the wife was murdered while in custody of the husband the natural presumption is that the husband is responsible for the death of t..Category: Criminal Law | Date: | Hits: 66
Seing Hia Maung Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)
....o. 1153 of 2003. Judgment Md. Hamidul Haque J.- This Rule was issued calling upon the respondents to show cause as to why the detenu Modhuthara Sim Bhikku now detained in Cox’s Bazar District Jail, should not be brought before this Court so that it may satisfy itself that he is not being hel......o show cause as to why the detenu Modhuthara Sim Bhikku now detained in Cox’s Bazar District Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and without any lawful authority. 2. The learned Advocate for the petitioner su..Category: Criminal Law | Date: | Hits: 55
Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)
....appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ......re guilty as members of an unlawful assembly under section 143 of the Penal Code for committing trespass upon the land of informant. 56. We are informed that the appellant Mansur Fakir has been in custody since 10‑6‑1991 i.e. the date of judgment. Appellant Khaleque and Mannan Fakir were gran..Category: Criminal Law | Date: | Hits: 60
Md. Nurul Hoque Sarkar @ Nurul Huq Vs. State and others, 2009, 38 CLC (AD)
.... law and we find no illegality in the judgment and order passed by the High Court Division and accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 430. ......sons delayed in collecting the shipping documents by making various excuses. Accused No.5 (present petitioner No.1) by his letter dated 12.02.1991 informed the bank that the said goods were under the custody of Benapol Customs and were being looked after by his nominated person. As per the applica..Category: Criminal Law | Date: | Hits: 85
Mohammad Ismail Hossain @ Kana Ismail Vs. The State, 2011, 40 CLC (AD)
....to G.R. No.158 of 1987. Let the convict appellant to be released from custody if not already been released or wanted in any other case. Ed. This Case is also Reported in: 19 BLT (AD) (2011)187. ......eal No.2114 of 1998 is set aside and the appellant is acquitted of his charge in Special Tribunal Case No.5 of 1998 corresponding to G.R. No.158 of 1987. Let the convict appellant to be released from custody if not already been released or wanted in any other case. Ed. This Case is also Reporte..Category: Criminal Law | Date: | Hits: 76
State Vs. Azharul Islam alias Badal and another, 2009, 38 CLC (AD)
....d 3.10.2007 of the High Court Division passed in Death Reference No.23 of 2004 heard analogously with Criminal Appeal Nos.766, 429, 1213, 1224 and 871 of 2004, Govt. Appeal Nos. 47 and 48 of 2004 and Jail Appeal No. 188 of 2004, which were directed against the judgment and order dated 17.2.2004 pass......and order and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)166...Category: Criminal Law | Date: | Hits: 56
State Vs. Shahin and others, 2010, 39 CLC (HCD)
....). Kazi Shafiqul Hossain, Advocate—For the Condemned-Prisoner-Appellant (In Criminal Appeal No. 4626 of 2005). Death Reference No.162, of 2005, Criminal Appeal Nos. 4580, 4582, 4626, of 2005, Jail Appeal Nos. 1300, 1302, 1303, 1304 of 2005, Jail Appeal No.11 of 2007 and Criminal Appeal No. 5......man of the Local Union Council and the seize list witness was declared hostile. 54. In his cross-examination he stated that the deceased Biplob was involved with terrorist activities and he was in custody in different occasions. 55. P.W.18 Shibani Bhattacharjeya, Magistrate First Class; reco..Category: Criminal Law | Date: | Hits: 76
State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)
....ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ......earned Tribunal Judge was calculating the quantity of the Arms only relied on the Arms owned by the petitioner and did not, take into consideration the Arms that were owned by his brother and kept in custody of the petitioner along with the license of the Arms. The learned Judges of the High Court D..Category: Criminal Law | Date: | Hits: 67
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
....Criminal Appeal No. 3243 of 2005) Hafizur Rahman Khan, State Defence Lawyer-For absconding convict. Death Reference No. 96 of 2005. With Criminal Appeal No.3243 of 2005. With Jail Appeal No.768 of 2005. with Jail Appeal No.769 of 2005. with Jail Appeal No.770 o...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ..Category: Criminal Law | Date: | Hits: 82
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
....ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ......officer of the second FIR filed an application praying that the alamots seized in connection with Kotwali P.S. Case No.24 (8) 04 be shown as alamots in P.S. Case No.16(6)2005 and they be kept in safe custody till disposal of the case. The said application was allowed by the learned Chief Metropolita..Category: Criminal Law | Date: | Hits: 83
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ......and others. On 29-7-2010, the law-enforcing agencies submitted a report to the Tribunal to the effect the warrant of arrest issued against the petitioner could not be executed as he was detained in custody in connection with some other criminal cases. Accordingly by an order dated 29-7-2010, the T..Category: Criminal Law | Date: | Hits: 103
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
.... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489....... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489...Category: Criminal Law | Date: | Hits: 91
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....tive on the Jatiya Party met the Acting President and claimed the money but according to the learned Attorney‑Gencral from 12.12.90 till the accused in this criminal case was removed to the Central Jail on 18.2.91 he wrote so many letters to the Government but he did never claim or stated that the......ng, stating the reasons thereof from time to time, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody "From a reading of the said provision the scheme of law, as under the provision of section 3..Category: Criminal Law | Date: | Hits: 125
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ......was physically crippled. The appellant No.2 Amir Ali having been arrested by the police after a long time was also mercilessly tortured; both the accused persons were illegally confined in the police custody and then produced before the Magistrate holding out threat that they would be taken back by ..Category: Criminal Law | Date: | Hits: 110
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....দ্ধে ব্যবস্থা গ্রহন করা হইবে। 6. As the petitioner Anisul Islam Mahmood did not appear before the Deputy Inspector General, Prisons, Dhaka Central Jail within seven days from the aforesaid Gazette Notification dated 23.1.91 the informant Md. Anjum......mood, wife of the petitioner obtained a Rule Nisi on 21st May, 1991 and after hearing of the said Rule it was declared by this Court on 4.7.1991 that the detenu Anisul Islam Mahmood was being held in custody without any lawful authority and in an unlawful manner and that he may be released only if h..Category: Criminal Law | Date: | Hits: 88
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