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State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....ppeal No. 2529 of 2003). MA Jalil. Advocate—For the accused Appellant (In Criminal Appeal No. 2687 of 2003). Abdul Malek, Advocate—For the Appellant (In Criminal Appeal No. 2238 of 2003 and Jail Appeal No. 849 of 2003). Abdur Rezaque Khan. Additional Attorney-General, Saifuddin Md. Amin......the death of the deceased. (3) The appellant was compelled to confess because of inhuman torture and, as such, the confession could not be termed as true and voluntary. (4) The appellant was in custody for many days before he made the confessional statement to the Magistrate. (5) The charge..Category: Criminal Law | Date: | Hits: 236
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
....in that dale and also agreed that they will not ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364.......in that dale and also agreed that they will not ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364...Category: Criminal Law | Date: | Hits: 55
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
....ranted by this Court, may be released from his bail bond. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: 58 DLR (2006) 362. ......s the maximum sentence possible under section 448 of the Code. He further submits that the petitioner was a youth of 17 years age at the time of the occurrence and has already served 6(six) months in custody. He submits that the sentence awarded is excessive in the facts and circumstances of the cas..Category: Criminal Law | Date: | Hits: 61
Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)
....1. Lawyers Involved: Md. Khalilur Rahman Bhuiyan. Advocate—For the Appellant represented by National Legal Aid Committee. Sarah Parveen, Assistant Attorney-General—For the Respondent. Jail Appeal No. 557 of 2005. Judgment Khondker Musa Khaled J.- This Jail Appeal, at the instan...... to the period which he already has served out. The learned Advocate has also prayed for giving benefit of section 35-A of the Code of Criminal Procedure to the convict-accused by including pre-trial custody period within the substantive sentence. The learned Advocate has referred to the case decisi..Category: Criminal Law | Date: | Hits: 93
Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)
....ce rendered by Mrs. Fahima Nasrin, the learned Deputy Attorney-General, learned Advocates Mr. Anisul Hoque and Dr. Shahdeen Malik and Mrs. Jharna Jahin. Day Care Officer (Prison) of the Dhaka Central Jail. 10. There can be no doubt that the Ordinance is still operational. It came into effect in t......ith a copy of this judgment at once. Let a copy of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs. Ed. This Case is also Reported in: 58 DLR (2006) 322...Category: Criminal Law | Date: | Hits: 97
State Vs. Md. Shahjahan, 2004, 33 CLC (HCD)
....ases). Md. Ismail with Md. Shihabuddin Mahmud, Advocates—For the Appellant (In Criminal Appeal No. 649 of 2001). Death Reference No. 15 of 2001 with Criminal Appeal No. 649 of 2001 & Criminal Jail Appeal No. 821 of 2001. Judgment Md. Abu Tariq J. - This Reference under section 374 of t...... accused condemned prisoner Md. Shahjahan be set at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ..Category: Criminal Law | Date: | Hits: 96
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ......r complying with the provisions of section 207 or section 208, as the case may be, the case to the Court of Session, and subject to the provisions of this Code relating to bail, remand the accused to custody until such commitment has been made. (b) subject to the provisions of this Code relating..Category: Criminal Law | Date: | Hits: 49
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ......petitioner having performed his duty in issuing necessary order for preventing release of the disputed consignment which was released by fraud and forgery by others, particularly by those under whose custody the consignment was, the impugned proceeding being BACGR. Case No. 9 of 2002 before the Chie..Category: Criminal Law | Date: | Hits: 158
Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)
....the State. Md. Azizul Haq with AM Mahbubuddin Ahmed with Fazlul Karim Chowdhury, Advocates—For the Condemned Prisoner. Death Reference No. 9 of 1999 with Criminal Appeal No. 152 of 1999 with Jail Appeal No. 1364 of 1999. Judgment Md. Abdul Matin J.- This Death Reference under section ...... of Additional Sessions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for necessary action in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 91. ..Category: Criminal Law | Date: | Hits: 96
Yusuf Mia 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: ...... Court Division and the petitioner has voluntarily surrendered before the court and since the trial is stayed and there is no certainty as to when the trial will be concluded and the petitioner is in custody without trial, we find substance in the submission of the learned advocate for the petitione..Category: Criminal Law | Date: | Hits: 50
Md. Abdul Gafur and others Vs. State, 2011, 40 CLC (HCD)
.... to cancel the bail, if the accused petitioners misuse 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: ......bmits that other accused persons implicated in this case on the disclosure of their name by accused Md. Abdul Gafur and thereafter been arrested in this case on different dates since then they are in custody. Although in this case trial was started long before but till now one P.W namely Md. Nizam U..Category: Criminal Law | Date: | Hits: 49
Shah Alam and others Vs. State, 2000, 29 CLC (HCD)
..... Send down the LC records along with a copy of this judgment to the Trial Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 52 DLR (2000) 566. ......g Magistrate was not examined and as such the accused-appellants could not get an opportunity to cross-examine him and that the alleged confessing accused were sent on further interrogation to police custody after recording of their alleged confessional statements and, as such, the alleged confessio..Category: Criminal Law | Date: | Hits: 67
Kamruzzaman (Md.) alias Zaman Vs. State, 2000, 29 CLC (HCD)
....har, District-Rajshahi be enlarged on bail in Motihar PS Case No.2 dated 6-3-2000 to the satisfaction of the District Magistrate, Rajshahi. Ed. This Case is also Reported in: 52 DLR (2000) 556. ......g section 32(c) of the Act is not complied with. 9. From a reading of the FIR it is found that the two touchstone statues of god and goddess ‘Ram’ and ‘Seeta’ respectively were kept in the custody of the appellant by one Mofiz acting on behalf of Contractor Md. Hanif who procures antiquit..Category: Criminal Law | Date: | Hits: 72
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
....George, 408 US 238; Bachan Singh Vs. State of Punjab, AIR 1980 (SC) 898; State of U.P. Vs. Dharmendra Singh and another, etc., AIR 1999 (SC) 3789 ; Mr. Boucher Pierre Andre V. Superintendent, Central Jail, Tihar, New Delhi and another, AIR 1975 SC164; Kanai Lal Sethi Vs. Collector of Land Customs, C......ion 6(2) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (Act of XVIII of 1995) should not be brought before this Court so that it may satisfy itself that the petitioner is not being held in custody without lawful authority or in an unlawful manner. 2. Pending disposal of the Rule, the e..Category: Criminal Law | Date: | Hits: 128
Ershad Ali Vs. State, 2000, 29 CLC (HCD)
....n of the District Magistrate, Chandpur. The learned tribunal will however be at liberty to cancel bail if there is any misuse of the same. Ed. This Case is also Reported in: 52 DLR (2000) 544.......olice they gave out that it was not they rather the other accused persons who brought those arms. The learned Advocate argues that possession must be exclusive. She submits that the appellants are in custody since 15-3-99, that the case is not yet ready for trial and no one knows when the trial will..Category: Criminal Law | Date: | Hits: 38
Mehnaz Sakib Vs. Bangladesh, 1999, 28 CLC (HCD)
....ly arrested the detenu on 21-04-99 under section 54 of the Code of Criminal Procedure and kept her in Ramna Police Station. In the later part of the day she was straightway taken to the Dhaka Central Jail under detention for a period of 30(thirty) days without giving her any Division and without giv......Matin J.- This Rule Nisi was issued calling upon the Respondents to show cause as to why the detenu should not be brought before this Court so that it may satisfy itself that she is not being held in custody without any lawful authority or in an unlawful manner and why she should not be directed to ..Category: Criminal Law | Date: | Hits: 64
Shahidul Vs. State, 1998, 27 CLC (HCD)
....not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222.......ances of the case convicted the accused petitioner and others for the offence charged and sentenced them thereunder as above vide judgment and order dated 28-9-97. Being aware about the same while in custody the accused petitioner filed the present case for quashment of the impugned judgment, order ..Category: Criminal Law | Date: | Hits: 33
Md. Palash Khan Vs. The State, 2011, 40 CLC (HCD)
.... at liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......d also recovered a 9 m.m. pistol with loaded 2 round bullets from the possession of the accused Md. Anik Chowdhury searching his body. Recovering the alleged pistols and bullets he took it in his own custody making a seizure list in presence of the witnesses, hence the case. 3. After investigatio..Category: Criminal Law | Date: | Hits: 49
Md. Monir Hossain @ Babu 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: ...... the investigating officer could not conclude the investigation and not submitted any report and there is no certainty as to when the trial will be commenced and the petitioner is languishing in jail custody for more than a year without trial and as such he may be enlarged on bail. 5. The learned..Category: Criminal Law | Date: | Hits: 50
Motin Gazi alias Motiar Rahman Vs. The 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: ......r bail. 6. Heard the learned advocate of both the sides and perused the FIR, other documents annexed to the application for bail and the impugned order. 7. Considering the long detention of the custody and the factual aspect of the case, we find substance in the submission of the learned advoc..Category: Criminal Law | Date: | Hits: 51
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