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Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)

....cused-petitioner and seven others alleging, inter alia, that upon secret information he, along with his companion force, ambushed on the bank of the river "Padma" in village- Daodia and at about 2-30 A.M. having seen a Trawler coming by the side of the river from the east to west followed the same. ......ult: The Rule is disposed of with the modification of the sentence. Case Referred to- Jahangir Alam (Mohammad) alias Jakir Vs. The State, 56 DLR (AD) 217. Lawyers Involved: S.M. Abdur Rouf, Advocate - For the petitioner. Md. Ensan uddin Sheikh, Assistant Attorney-General with Md.......dur Rouf, Advocate - For the petitioner. Md. Ensan uddin Sheikh, Assistant Attorney-General with Md. Jahangir Alam and Ms. Beadura Ansari, Assistant Attorney-General - For the Opposite party No.1.   Criminal Miscellaneous Case No.13798 of 2008. Judgment Afzal Hossain Ahmed J.......cused-petitioner and seven others alleging, inter alia, that upon secret information he, along with his companion force, ambushed on the bank of the river "Padma" in village- Daodia and at about 2-30 A.M. having seen a Trawler coming by the side of the river from the east to west followed the same. ..

Category: Criminal Law | Date: | Hits: 81

Sadiul Alam Vs. State, 2012, 41 CLC (HCD)

....s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ......, as such, the initiation or continuation of the impugned proceeding is an abuse of process of the Court. The learned Advocate in support of her submission relied on decisions in the cases of Abdul Rouf, 53 DLR 283 and Dewan Obaidur Rahman Vs. State, 19 BLD (AD) 128 = 4 BLC (AD) 167. She then subm......D) 67; Ram Das Vs. State of UP AIR 1974 SC 1811; Abdul Rauf Vs. State, 53 DLR 283. Lawyers Involved: Md. Khurshid Alam Khan with Mubina Asaf and Shathika Hossain, Advocates - For the Petitioner.  Md. Khurshedul Alam, Deputy Attorney-General with Md. Monjur Kader, Assistant Attorney-Gen......s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ..

Category: Criminal Law | Date: | Hits: 92

Md. Liton Miah alias Ripon Vs. State, 2006, 35 CLC (HCD)

....he basis of highly interested police witnesses will be hazardous and also dangerous............................(5 & 6) Lawyers Involved: Md. Salim, Advocate - For the Convict-Appellant. A. S. Md. Ramzan Khan, Deputy Attorney-General with Mrs. Shirin Afroz Assistant Attorney-General - F......tness-box ten (10) witnesses. Out of ten (10) witnesses P.W.1 Md. Shahidul Islam, Sub-Inspector of Police, Detective Branch, P.W.2 Md. Rezaul Karim, Police Constable, P.W.3 Md. Jalal, P.W.4 Md. Abdur Rouf, Sub-Inspector of Police who as informant laid First Information Report, P.W.5 Rabiul Hoque, Po......In the absence of no such independent corroboration, conviction and sentence only on the basis of highly interested police witnesses will be hazardous and also dangerous............................(5 & 6) Lawyers Involved: Md. Salim, Advocate - For the Convict-Appellant. A. S. Md. Ramz......he basis of highly interested police witnesses will be hazardous and also dangerous............................(5 & 6) Lawyers Involved: Md. Salim, Advocate - For the Convict-Appellant. A. S. Md. Ramzan Khan, Deputy Attorney-General with Mrs. Shirin Afroz Assistant Attorney-General - F..

Category: Criminal Law | Date: | Hits: 125

Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)

....r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ....... Emperor, AIR 1939 (Sind) 148; 52 CWN 567; Rokeya Begum Vs. Shafiqur Rahman, 2 BCR 1982 page 4; 42 DLR 252. Lawyers Involved: Sheikh Atiar Rahman, Advocate ‑ For the Petitioner. Md. Abdur Rouf, Assistant Attorney‑General - For the State. Criminal Revision No.134 of 1993 Judgment ......e of the complainant petitioner calling upon the Deputy Commissioner, Bagerhat to show cause why the order Nos.9 and 10 dated 5‑1‑93 passed by the learned Senior Special Judge, Bagerhat in Special Case No.2 of 1992 refusing to take cognisance in the absence of sanction shall not be set......r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ..

Category: Criminal Law | Date: | Hits: 130

Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)

....atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ......se to consider the same on the ground of relationship or enmity with one or other party…………………..(9) Lawyers Involved: Mujibur Rahman, Advocate ‑ For the Petitioner. Md. Abdur Rouf, Assistant Attorney‑General - For Opposite‑Party No.2. Criminal Revision No.150 of 1987.......atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ......atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ..

Category: Criminal Law | Date: | Hits: 75

Santosh Mia Vs. State, 1989, 18 CLC (HCD)

....is mother and informed about the incident to the U.N.O. and the local U.P. Chairman Mafiz Mia. The condition of the informant's mother became critical and she breathed her last on the next day at 6 A.M. Thereafter the informant again went to the Thana at 8 P.M. and lodged the written ejahar. The...... above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ......event recurrence are right factor. Heinousness of the crime is a relevant factor in the choice of sentence………………26 Lawyers Involved: Abdul Mottaleb, Advocate - For the Appellant.  Golam Mohiuddin, Advocate - For the Respondent.  Criminal Appeal No.65 of 1987. ......is mother and informed about the incident to the U.N.O. and the local U.P. Chairman Mafiz Mia. The condition of the informant's mother became critical and she breathed her last on the next day at 6 A.M. Thereafter the informant again went to the Thana at 8 P.M. and lodged the written ejahar. The..

Category: Criminal Law | Date: | Hits: 118

Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)

....strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ......s Case No.5291 of 2003). Tapan Kanti Das, Advocate-For the Petitioner (In Criminal Miscellaneous Case No.5115 of 2003 and 3236 of 2003). Abdur Rezzaque Khan, Additional Attorney-General with AM Rouf, Deputy Attorney-General ABM Waliur Rahman Khan, Assistant Attorney-General and Fazilatunnessa,......strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ......strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ..

Category: Criminal Law | Date: | Hits: 114

Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)

....k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ...... June 25, 1998. Result: The appeal is allowed. Case Referred to- Nazrul Islam Vs. State, 50 DLR 103. Lawyers Involved: Abdus Sobhan Tarafder, Advocate - For the Appellant. M A Rouf, Assistant Attorney‑General ‑ For the State. Criminal Appeal No.241 of 1998. Ju......lam Vs. State, 50 DLR 103. Lawyers Involved: Abdus Sobhan Tarafder, Advocate - For the Appellant. M A Rouf, Assistant Attorney‑General ‑ For the State. Criminal Appeal No.241 of 1998.  Judgment Kazi Ebadul Haque J.- This appeal at the instance of the convict Md. Shafiqul ......k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ..

Category: Criminal Law | Date: | Hits: 89

Ejlash Mia Vs. State, 2010, 39 CLC (HCD)

....tence as per provisions of Section 35 A of the Code of Criminal Procedure. Md. Abdus Samad.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 17; 15 MLR (HCD) (2010) 228. ..............Accused Petitioner Vs. The State...............................Opposite Party Judgment January 4, 2010. Result: The Rule is disposed of. Lawyers Involved: S. M. Abdur Rouf - For the Accused-Petitioner. Md. Ensan Uddin Sheikh, Assistant Attorney-General, Md. ...... The State...............................Opposite Party Judgment January 4, 2010. Result: The Rule is disposed of. Lawyers Involved: S. M. Abdur Rouf - For the Accused-Petitioner.  Md. Ensan Uddin Sheikh, Assistant Attorney-General, Md. Jahangir Alam and Ms. Beadura Ansa......tence as per provisions of Section 35 A of the Code of Criminal Procedure. Md. Abdus Samad.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 17; 15 MLR (HCD) (2010) 228. ..

Category: Criminal Law | Date: | Hits: 90

Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)

....tence upon the petitioner. 14. For the purpose of answering to the said question posed, it will be profitable to notice section 561A of the code of Criminal procedure which are quoted thus: "561A. Nothing in this Code shall be deemed to limit or affect the inherent power of the High Court Divi......sain (P.W.5) SI Abdus Samad (P.W.6), SI Giuasuddin (P.W.7) SI Joynal Abed in (P.W.8) and others and searched the house of accused petitioner in presence of local witnesses, Sakender (P.W.1) and Abdur Rouf P.W.2. P.Ws.4 to 8 corusly deposed that in the night following 02.08.2001 at 2.30 P.M. they sea......uzammal khan and 4 others, PLD 1967 SC 317; Md. Alam and 3 others Vs. The State, 19 DLR (SC) 242; Shadu Miah and others Vs. State, 10 BLC 770. Lawyers Involved: Kaiser Ali - For the Petitioners.  S.M. Shahjahan Kabir, Assistant Attorney-General - For the opposite party.  Crimin......tence upon the petitioner. 14. For the purpose of answering to the said question posed, it will be profitable to notice section 561A of the code of Criminal procedure which are quoted thus: "561A. Nothing in this Code shall be deemed to limit or affect the inherent power of the High Court Divi..

Category: Criminal Law | Date: | Hits: 99

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

....ld that this piece of paper is a highly spurious one having no credibility and not at all worthy of consideration by any Court. 19. Next comes the 161 statements made by Air Vice Marshal (Retired) A.K. Khandker, Major General (Retired) Safiullah, the then Chief of Army Staff and Major General (Re......an Patwari, Advocates ‑ For the Petitioner. KS Nabi, Attorney‑General with Abdul Wadud Bhuiyan, Additional Attorney‑General, Serajul Huq, Special PP.M. Faruque, Deputy Attorney‑General, MA Rouf, Assistant Attorney‑General ‑ For the State. Criminal Revision No.293 of 1997. Judgme......ocument as has been observed by the Appellate Division of the Supreme Court while hearing the petition for leave to appeal against the order of bail granted by the High Court Division [2 BLC (AD) 75]. Moreover, this confessional statement has been retracted by her and during hearing Mr. Mahbubu......ld that this piece of paper is a highly spurious one having no credibility and not at all worthy of consideration by any Court. 19. Next comes the 161 statements made by Air Vice Marshal (Retired) A.K. Khandker, Major General (Retired) Safiullah, the then Chief of Army Staff and Major General (Re..

Category: Criminal Law | Date: | Hits: 107

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

....hman with Farah Mahbub, Advocates ‑ For the Petitioner. K.S. Nabi, Attorney‑General with Shahabudin Ahmad, Deputy Attorney‑General, Mansurul Hoque Chowdhury, Deputy‑Attorney-General and M. A. Rouf, Assistant Attorney‑General & Serajul Huq, Senior Advocate ‑ For the State. Crimi......n with Farah Mahbub, Advocates ‑ For the Petitioner. K.S. Nabi, Attorney‑General with Shahabudin Ahmad, Deputy Attorney‑General, Mansurul Hoque Chowdhury, Deputy‑Attorney-General and M. A. Rouf, Assistant Attorney‑General & Serajul Huq, Senior Advocate ‑ For the State. Criminal......�……………….Opposite Party Judgment March 23, 1997. Result: The Rule is made absolute. Cases Referred to- Lutfun Nahar Begum Vs. State, 27 DLR (AD) 29; Amir Hossain Howlader & ors Vs. the State, 37 DLR (AD) 139; Abdul Hakim and others Vs. State, 1987 BCR (AD) 143. La......hman with Farah Mahbub, Advocates ‑ For the Petitioner. K.S. Nabi, Attorney‑General with Shahabudin Ahmad, Deputy Attorney‑General, Mansurul Hoque Chowdhury, Deputy‑Attorney-General and M. A. Rouf, Assistant Attorney‑General & Serajul Huq, Senior Advocate ‑ For the State. Crimi..

Category: Criminal Law | Date: | Hits: 82

Mostafa Chowdhury & another Vs. State & another, 1982, 11 CLC (HCD)

....e and the respective proceedings quashed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ...... Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ......ported in:35 DLR (HCD) (1983) 68. ......e and the respective proceedings quashed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ..

Category: Criminal Law | Date: | Hits: 87

Dulal Howlader & others Vs. State, 1995, 24 CLC (HCD)

..... However, the accused may be prosecuted, if the prosecution so desires, under the normal law of the country. Send down the record. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 269. ......385; Moazammel Huq Vs. State, 43 DLR 614; State Vs. M M Rafiqul Hyder, 45 DLR (AD) 13. Lawyers Involved: A K M Zahirul Huq with Rowshan Ara Begum, Advocates ‑ For the Appellants. Md. Abdur Rouf, Assistant Attorney-General - For the State. Criminal Appeal No.897 of 1993. Judgment ...... Case is also Reported in:48 DLR (HCD) (1996) 269. ....... However, the accused may be prosecuted, if the prosecution so desires, under the normal law of the country. Send down the record. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 269. ..

Category: Criminal Law | Date: | Hits: 132

Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)

...., 2005. Result: The rule is made absolute. Cases Referred to- Abdul Bahar @ Abul Bahar and others Vs. The State, 5 BLD 84; Gaziur Rahman Vs. The state, 11 BLD 11. Lawyers Involved: A.K.M. Shamsul Karim - For the petitioners. Shamim Ara Dora Assistant Attorney-General - For the ......o buses collided each other and committed an accident as a result of which two passengers died on the spot and many others were injured. Hearing about such accident, SI Amiruddin with constable Abdur Rouf started for the place of occurrence and they saw two dead bodies and also found two buses in br......other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ......, 2005. Result: The rule is made absolute. Cases Referred to- Abdul Bahar @ Abul Bahar and others Vs. The State, 5 BLD 84; Gaziur Rahman Vs. The state, 11 BLD 11. Lawyers Involved: A.K.M. Shamsul Karim - For the petitioners. Shamim Ara Dora Assistant Attorney-General - For the ..

Category: Criminal Law | Date: | Hits: 119

Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)

....nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ...... This Case is also Reported in: 35 DLR (HCD) (1983) 103. ......nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ......nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ..

Category: Criminal Law | Date: | Hits: 110

Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)

....he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......to- 5 DLR 509; 39 DLR 14; PLD 1960 (Dhaka) 13; 41 DLR (AD) 158; 16 DLR 223; 28 DLR (AD) 35; 33 DLR 191; 39 DLR 437. Lawyers Involved: Syed Ziaul Karim, Advocate ‑ For the Appellant. MA Rouf, Assistant Attorney‑General ‑ For the State. Criminal Appeal No.29 of 1987 (Barisal) ......he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ..

Category: Criminal Law | Date: | Hits: 95

Sayed and 10 others Vs. State, 1996, 25 CLC (HCD)

....in is P.W.2. He deposed that accused Badal dragged him to the road and demanded subscription of Taka 50,000.00 immediately, but he refused, and Badal then struck him on his head by a lathi P.W.10 Dr. A. Kader treated Manju P.W.10 deposed that on examination he found a cut mark on the head of Manju, ...... 1993 in respect of other ten appellants is allowed. Case Referred to- 15 BLD 93. Lawyers Involved: Syed Ziaul Karim with Abdul Quader Mia, Advocates ‑ For the Appellants. Md. Abdur Rouf, Assistant Attorney-General ‑ For the State. Criminal Appeal No.2425 of 1993 with Criminal......peal No.2425 of 1993 and appellant Md. Based Miah in Criminal Appeal No.2527 of 1993 are discharged from their respective bail bonds. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 489. ......in is P.W.2. He deposed that accused Badal dragged him to the road and demanded subscription of Taka 50,000.00 immediately, but he refused, and Badal then struck him on his head by a lathi P.W.10 Dr. A. Kader treated Manju P.W.10 deposed that on examination he found a cut mark on the head of Manju, ..

Category: Criminal Law | Date: | Hits: 81

Delwar Hossain (Md.) Vs. State, 2009, 38 CLC (HCD)

....istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ...... leadership of Ms Rashida Sultana, Assistant Commissioner of Police, Rabiul Haque, Inspector of Police, Md. Farhad-uz-zaman, Shahidul Islam, Debasish Chowdhury, Akhter Nowshad, Ayub Ali and Md. Abdur Rouf all Sub-Inspectors of Police of Detective Branch, went to Shahid Nagar area under Lalbagh Polic......l Appellate Jurisdiction) Present: Mashuque Hosain Ahmed J M Enayetur Rahim J Delwar Hossain (Md.)…................Appellant Vs. State......................Respondent Judgment   October 19, 2009. Result: The appeal is allowed. Cases Referred to- Abdur Razz......istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ..

Category: Criminal Law | Date: | Hits: 128

State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)

.... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ...... Shareef Ahmed, Syed Dastagir Hossain, Rabia Bhuiyan with AHMM Rahim, Advocates ‑ For the Accused-Appellants. M Shamsul Alam, Deputy Attorney-General with J K Paul, AKM Zahirul Huq and M A Rouf, Advocates ‑ For the State. Death Reference No. 12 of 1990 and Criminal Appeal No. 576 ......und at the level of Middle of the neck around the whole circumference of neck causing complete separation of the head from the body, with separation of the vertebral column at the junction of the 3rd & 4th cervical vertebra. Spinal cord was found cut at the same level. All great vessels were fou...... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ..

Category: Criminal Law | Date: | Hits: 139

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