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Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
....fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279.......fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279...Category: Criminal Law | Date: | Hits: 66
State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
....nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ...... under section 302 of the Penal Code against the condemned prisoner. The condemned prisoner was eventually placed on trial before the learned Sessions Judge, Bakerganj. He however escaped from police custody on 3.6.86 while he was being brought to attend the Court for hearing under section 265B of t..Category: Criminal Law | Date: | Hits: 81
Shamsul Haque (Md.) Vs. The State, 1990, 19 CLC (HCD)
....is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ......is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ..Category: Criminal Law | Date: | Hits: 70
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
.... He was arrested under the Special Powers Act, 1974 and was taken to the house at Gulshan from his residence at Sena Bhaban in the Cantonment area and been taken therefrom thereafter to Dhaka Central Jail on 18.4.91. After the said President was taken from his Sena Bhaban residence to Gulshan House ......in the application, counter affidavit, affidavit‑in‑reply and the salient features of the case which are as follows: 49. After framing of the charge in the case the accused petitioner from the custody could not get the service of a senior Advocate to defend him and also could not obtain permi..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....of Colonel Farook causing serious injuries on their persons. Thereafter on 21.10.86 Arun was sent to Court by Ramna Police and from there he was sent for jail custody but on the jail gate, the Deputy Jailor found him seriously injured and consulted with the Jailor as to what to do. The Jailor advise......rs waking Arun from his sleep handed him over to the Sub‑Inspector Abdul Bari and Abdul Bari took him to Ramna PS. It is the prosecution case that although Arun was taken into Ramna PS and put into custody, no GD Entry was made. Arun was kept in custody at Ramna PS from 23.10.86 to 25.10.86. It is..Category: Criminal Law | Date: | Hits: 87
Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)
.... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ......ding the confessional statement of the confessing accused and another for remand of the accused, and that after recording the confessional statements he remanded both the confessing accused to police custody for 3 days. He has also admitted that the confessing accused Nazrul and Kashem had filed two..Category: Criminal Law | Date: | Hits: 86
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ......f constructive criminal contempt by the County Court. They challenged the legality of the sentence to the Court of appeal. That Court by a divided vote denied the writ and remanded petitioners to the custody. The petitioners thereupon moved the Federal Supreme Court. In that case the USA Supreme C..Category: Criminal Law | Date: | Hits: 124
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
....pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ......ith the revolver in front of the Arambag club and P.W.1 who was on patrol duty and returning from Gulshan to Motijheel PS through Motijheel area seeing people running reached there and took under his custody appellant with the revolver and live bullet and empty shells which were seized by him as per..Category: Criminal Law | Date: | Hits: 75
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......ations that section 498 does not in any way enlarge the categories of persons to whom bail can be granted under Chapter XXXIX. This necessarily, leads to the inference that such persons must be under custody before they can be given any relief by the High Court or the Court of Session. Under sect..Category: Criminal Law | Date: | Hits: 89
Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)
.... (From the Judgment and order dated 11-11-2007 passed by the High Court Division in Death Reference No. 93 of 2004 along with Criminal Appeal No. 2331 of 2004, Criminal Appeal No. 2282 of 2008 and Jail Appeal No. 690 of 2004). Judgment Nazmun Ara Sultana J.- This appeal, by leave, it the in......ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ..Category: Criminal Law | Date: | Hits: 84
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ......fter enumerated, namely: First‑Robbery; Secondly‑Mischief by fire committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling or as a place for the custody of property; Fourthly: ‑Theft, mischief or house-trespass under such circumstances as ..Category: Criminal Law | Date: | Hits: 86
Bashir Ali and others Vs. State, 1992, 21 CLC (HCD)
....tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ......5.81 in completing the recording of the confessional statements and, as such, the learned Additional Sessions Judge came to the conclusion that the confessing accuseds must have been under the police custody during this period. Under these circumstances we hold that the confessional statements were ..Category: Criminal Law | Date: | Hits: 62
Tamima Akhter (Mitu) Vs. Deputy Commissioner, Joypurhat and others, 2011, 40 CLC (HCD)
....the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ...... victim girl as alleged in Joypurhat P.S. Case No.18(5)2010 dated 15.05.2010 started under section 7/30 of the Nari-O-Shishu Daman Ain, 2000 as amended up to, 2003 shall not be released from the jail custody in which she has been kept from 11.07.2010 illegally and without lawful authority and she sh..Category: Criminal Law | Date: | Hits: 57
Md. Rasel Miah Vs. State, 2011, 40 CLC (HCD)
....he case ready for trial, the learned trial court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... The learned advocate appearing for the appellant is quite innocent and falsely implicated in this case out of village politics, social enmity and grudge only to harassing him and the appellant is in custody since 24.2.2009 without trial and the other co-accused enlarged on bail and as such he may b..Category: Criminal Law | Date: | Hits: 80
Md. Lal Mia @ Chan Mia Vs. State, 2011, 40 CLC (HCD)
....produce any witness of the case, the trial Court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......12.2009 and since his prayer for bail was rejected by the impugned order, he then preferred the instant appeal. 5. The learned advocate appearing for the appellant submits that the appellant is in custody since 18.12.2009 and charge was framed on 18.3.2010 but till today no witness has turned up ..Category: Criminal Law | Date: | Hits: 65
Ershad Vs. State, 2011, 40 CLC (HCD)
....ncel 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: ......before the Chief Judicial Magistrate, Sylhet on 08.09.10 and obtained ad-interim bail but thereafter by the order dated 22.09.2010 the trial court cancelled the bail of the petitioner and remained in custody and thereafter obtained the instant rule. 5. The learned advocate appearing for the petit..Category: Criminal Law | Date: | Hits: 53
Md. Ayub and others Vs. State, 2011, 40 CLC (HCD)
....ty to cancel the bail, if the accused petitioners misuse 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: ......n, the learned advocate appearing for the petitioner on drawing our attention to the Annexure of the supplementary affidavit which is the last order of the case submits that the petitioner’s are in custody for more then three years and since there is no certainty as to when the trial will be concl..Category: Criminal Law | Date: | Hits: 48
H.M. Kabir @ Alamin (22) Vs. State, 2011, 40 CLC (HCD)
....ty 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: ......then obtained the instant rule. 3. The learned advocate appearing for the petitioner submits that the petitioner after getting bail did not misuse the privilege of bail but since he was taken into custody in other case, he could not come out from the jail hajat and he could not be present in the ..Category: Criminal Law | Date: | Hits: 64
State Vs. Md. Khosbar Ali, 2000, 29 CLC (HCD)
....ed: Shamsuddin Chowdhury with Syed Haider Ali, Assistant Attorney-General - For the State. Md. Khurshid Alam Khan, Advocate - For the Condemned Prisoner. Death Reference No. 15 of 1997 with Jail Appeal No.1708 of 1997. Judgment Amirul Kabir Chowdhury J.- Death Reference No.15 of 1997......e. It is directed that the said accused be transferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ..Category: Criminal Law | Date: | Hits: 62
Abul Kalam Vs. State, 2011, 40 CLC (HCD)
....the appellant in jail hajot during the trial, would, however be deducted from his sentence. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... clear indication of his involvement in the occurrence under the facts and circumstances of the present case. 9. By now it is well settled principle of criminal law that if a wife is found dead in custody of her husband and he fails to explain the cause of her death, he will be held liable for th..Category: Criminal Law | Date: | Hits: 58
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