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Md. Jashim Uddin Vs. State, 2011, 40 CLC (HCD)
.... cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal, J. I agree. Ed. This Case is also Reported in: ......non bailable warrant of arrest, till the last date i.e. on6.2.11 prosecution could not produce any single witness to prove the charge leveled against the appellant and the appellant is languishing in custody for more than 3 years, since the trial court failed to consider this aspect of the case and ..Category: Criminal Law | Date: | Hits: 43
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ......ctive houses of the respondents to secure their arrest but as they were not available at home the police could not secure their arrest but the police was able to arrest accused Sumon Sheikh who is in custody now. The respondents after returning home came to know about the raiding and then sent their..Category: Criminal Law | Date: | Hits: 100
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
....i 10 DLR 155; Moqbool Hossain Vs. State, 12 DLR (SC) 217; Joygun Bibi Vs. State, 12 DLR (SC) 156. Lawyers Involved: Not represented—the Petitioners. Not represented—the Opposite Party Jail Appeal No. 4103 of 1991. Judgment Md. Abdur Rashid J.- This appeal was presented under se......he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ..Category: Criminal Law | Date: | Hits: 41
Ibrahim (Md.) Vs. State, 2000, 29 CLC (HCD)
....e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ......the offence is triable exclusively by the Court of Session, he shall (a) send the case to the Court of Session; (b) subject to the provision of this Code relating to bail, remand the accused to custody during, and until the conclusion of the trial; (c) send to that Court the records of the ..Category: Criminal Law | Date: | Hits: 39
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......essions. As soon as the accused who was granted bail is sent by the Magistrate Court of Sessions, it is his duty to appear before that Court and pray for bail and unless bail is granted he remains in custody of that Court after his appearance before that Court. There is neither any legal requirement..Category: Criminal Law | Date: | Hits: 33
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
....irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192.......account No.1570. The complicity of accused Shamsul Bari is thus well established. It is also found that the two disputed cheques allegedly issued by Kamrul Huda and the relevant IBCAS remained in his custody but subsequently these were surreptitiously caused to be removed for the purpose of destroyi..Category: Criminal Law | Date: | Hits: 104
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....2 of the Constitution of the People's Republic of Bangladesh at the instance of the petitioner, Syed Abdul Alim alias Lalu, who has presently been languishing in a condemned cell in the Dhaka Central Jail ever since his arrest on 5-7-99, challenging the impugned judgment and order dated 23-6-85 pass......osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ..Category: Criminal Law | Date: | Hits: 52
State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)
....ce Lawyer—For the Condemned Prisoner. Golam Mohammad Chowdhury, Deputy Attorney-General with Giasuddin Mitu, Assistant Attorney-General-For the State. Death Reference Case No. 64 of 2002 with Jail Appeal No. 666 of 2002. Judgment Sikder Maqbul Huq J.- This Death Reference being Death R......pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ..Category: Criminal Law | Date: | Hits: 49
Abu Taher Vs. State, 2005, 34 CLC (HCD)
....ezaul Karim with Afia Begum and Abdur Razzak (Razu), Advocates — For the Appellant. Md. Ibrahim Khalil, Assistant Attorney-General —For the Respondent. Criminal Appeal No. 2153 of 1997 with Jail Appeal No 1880 of 1997. Judgment AKM Fazlur Rahman J.- Criminal Appeal No. 2153 of 1997 a......ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ..Category: Criminal Law | Date: | Hits: 41
Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
.... Idrisur Rahman with Shahid Ullah, Advocates‑For the BLAST. Sk Awal, Deputy Attorney‑General with Saifuddin Md. Aminur Rahim, Advocate‑For the State. Death Reference No. 43 of 2000 with Jail Appeal No. 2718 of 2000 with Criminal Appeal No. 2885 of 2000. Judgment Md. Abdur Rashid ......r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ..Category: Criminal Law | Date: | Hits: 49
Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)
.... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ......iraj and Sharifuddin and shows that no question was put to each of above 3 accused‑appellants by the recording Magistrate (PW 16) that if the accused confessed or not he would not be sent to police custody. Learned Advocate also refers to evidence in cross‑examination of PW 16 Magistrate Sudeb S..Category: Criminal Law | Date: | Hits: 42
Talebuddin (Taleb) and another Vs. State, 2010, 39 CLC (AD)
....he judgment and order dated the 30th day of March, 2006 passed by the High Court Division in Death Reference No.11 of 2004 with Criminal Appeal No.222 of 2004 with Criminal Appeal No.558 of 2004 with Jail Appeal No.147 of 2004 and Jail Appeal No.166 of 2004). Order Mohammad Fazlul Karim J. - D......ks is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the Court. Ed. This Case is also Reported in: VIII ADC (2011) 89 & 447. ..Category: Criminal Law | Date: | Hits: 43
Rakib and others Vs. State, 2010, 39 CLC (AD)
.... 2009. (From the judgment and order dated the 9th, 10th and 11th day of November, 2008 passed by the High Court Division in Death Reference No.138 of 2004 with Criminal Appeal No.3792 of 2004 with Jail Appeal No.1058 of 2004 with Govt. Appeal No.58 of 2004). Judgment Mohammad Fazlul Karim J......e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 57. ..Category: Criminal Law | Date: | Hits: 38
Mamun Sheikh Mamun Vs. the State, 2010, 39 CLC (AD)
....er dated the 18th, 19th and 20th day of November, 2008 passed by the High Court Division in Death Reference No.42 of 2005 with Criminal Appeal No.1387 of 2005 with Criminal Appeal No.1439 of 2005 and Jail Appeal No.344 of 2005). Order Mohammad Fazlul Karim J.- This application under Article ...... of paper books is dispensed with as prayed for. The period of order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 21...Category: Criminal Law | Date: | Hits: 49
State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)
....al-For the State. Farida Begum. Advocate-For the Condemned Prisoner. Dr. Shahdeen Malik with MA Mannan Khan, Syed Ziaul Hasan, Advocates-For the Appellant. Death Reference No. 4 of 2000 with Jail Appeal No. 264 of 2000. Judgment Syed Mabmud Hossain J.- The learned Additional Sessions ....... Mr. Shadhin Malik, learned Advocate appearing for appellant Fazilutennessa, submitted as follows: 1. The confession of appellant Fazilutennessa was not true and voluntary and that she was in the custody of police before the recording of her confession which must therefore be taken with a grain ..Category: Criminal Law | Date: | Hits: 84
State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ...... of the case. 12. In the result, the death reference is rejected. The condemned prisoner is found not guilty of the charge levelled against him. He is acquitted of the charge but he will remain in custody till the conclusion of the trial. The case is remanded to the Court of Magistrate having pow..Category: Criminal Law | Date: | Hits: 43
Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)
....n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ......revent abuse of the process of the Court this Court can make any such order which is necessary to stop harassment of the petitioner by filing successive false criminal cases in order to detain him in custody. 6. Mr. Abdul Malek, the learned Counsel, on the other hand, contended that the harassmen..Category: Criminal Law | Date: | Hits: 60
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....sh, 34 DLR (AD) 222, Lakshmanrao Vs. Judicial Magistrate, 1st Class, Parivati Puram, AIR 1978 SC 186. Gouri Shankar Jha (Supra) and Natbor Parida and others; Raj Narayan Vs. Superintendent of Central Jail, AIR 1971 SC 178. Lawyers involved: M Amirul Islam with Tania Amir, Advocates-For the Pe......e authority. The Chief Metropolitan Magistrate enlarged them on bail to be effective on 4‑3‑2002, if no detention order had been made in the meantime. They were, however, remanded to the judicial custody. In the meantime, the detenus were communicated with the order of detention on 27‑2‑2002..Category: Criminal Law | Date: | Hits: 70
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....al Appeal No 996 of 2000). Mirajul Hossain Khan, Advocate-For Appellant (In Criminal Appeal No. 1209 of 2000). Death Reference No. 18 of 2000 with Criminal Appeal Nos. 1209 and 996 of 2000 with Jail Appeal No. 1037 of 2000. Judgment AK Badrul Huq J.- For murder and, thereafter, disappear......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ..Category: Criminal Law | Date: | Hits: 69
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....fence of section 10(1) of The Ain of 1995 for murder of his wife for dowry by learned Sessions Judge and Special Tribunal No.1 Noakhali. Consequential sentence was death. Condemned prisoner preferred Jail appeal and, also, regular Criminal appeal before High Court Division. There had been, also, Dea...... 8, Comilla, the same being commission of rape on a young girl aged about 18 years by a student studying law taking undue advantage of fiduciary capacity as father of victim girl left her in care and custody of boy's father during former's temporary absence in this country is before us in this Crimi..Category: Criminal Law | Date: | Hits: 64
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