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Abu Talukder Vs. State, 1999, 28 CLC (HCD)

.... (Criminal) Present: Md. Fazlul Haque J Gour Gopal Saha J Abu Talukder…..………Appellant Vs. State ………………Respondent Judgment January 6, 1999. Criminal Jail Appeal No. 1464 of 1991. Judgment Gour Gopal Saha J. - This appeal in directed against th......u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188...

Category: Criminal Law | Date: | Hits: 52

Shahid Malongi (Md) and another Vs. State, 2004, 33 CLC (HCD)

....lined to grant bail to the appellant. In the result the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ......t continued to submit that the accused has been falsely implicated out of political rivalry and the alleged confession was obtained by physical torture and pressure meted out to the accused in police custody. The learned Advocate emphatically submits that since the informant of the case has submitte..

Category: Criminal Law | Date: | Hits: 43

State Vs. Shah Alam, 2003, 32 CLC (HCD)

....ttorney-General-For the State. Zahidul Bari with Biswajit Debnath, Advocates­-For the Condemned Prisoner‑appellant. Death Reference No. 18 of 2001 with Criminal Appeal No. 1545 of 2001 & Jail Appeal No. 1486 of 2001. Judgment Md. Joynul Abedin J.- This Death Reference, Criminal A...... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ..

Category: Criminal Law | Date: | Hits: 54

Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)

....dur Rashid J S Rahman Miah J Shamsul Alam and another...................Appellants Vs. State................................................Respondent Judgment October 30, 2002. Jail Appeal No. 198 of 1999 and Jail Appeal No. 2040 of 1999. Judgment Siddiqur Rahman Miah J......sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ..

Category: Criminal Law | Date: | Hits: 54

Mohammad Syed Vs. State, 2004, 33 CLC (HCD)

....discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ......ly, he could not make arrangement for payment of Taka 1,65,000 and as per advice of the accused No.2 he took Taka 1,65,000 from the accused petitioner on condition that the truck will be given in his custody who will return the same on payment of Taka 1,65,000 and accordingly, Moktar Mistry handed o..

Category: Criminal Law | Date: | Hits: 45

State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)

....h Sarwar Ahmed, with AKM Shafiqul Alam and SM Shahjahan, Advocates-For the Condemned Prisoners and convict accused Appellant. Death Reference No. 6 of 2001 with Criminal Appeal No. 394 of 2001 and Jail Appeal No. 817 of 2001. Judgment SK Sinha J.- This reference under section 374 of the Cod......ates that no case number has been mentioned in Exhibit 8, that it is not mentioned in the statement that when Nur‑e‑Alam has been apprehended by the police and that how long he has been in police custody, that PW14 is not stated to him that the boy has been wearing a check shirt or that his body..

Category: Criminal Law | Date: | Hits: 110

Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)

....udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......ding upon the conclusion of the trial has been made in Chapter XXXIX of the Code of Criminal Procedure. It is well settled that the basic conception of the word 'bail' is release of a person from the custody of police and delivery into the hands of sureties, who undertake to produce him in Court whe..

Category: Criminal Law | Date: | Hits: 79

Arab Bangladesh Bank Ltd. Vs. Md. Shahiduzzaman DD, Bureau of Anti Corruption, Dhaka and others, 1998, 27 CLC (HCD)

....sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 145.......oduce it, at the time and place stated in the summons or order: Provided that no such officer shall issue any such order requiring the production of any document or other thing which is in the custody of Bank or Banker as defined in the Bankers’ Books Evidence Act, 1891 (XVIII of 1891), and..

Category: Criminal Law | Date: | Hits: 41

Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)

.... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374.......ccuseds and sentenced them to suffer imprisonment for life by judgment dated 15-3-1994. Pursuant to that judgment the petitioner suffered RI from 15-3-1983 to 16-11-91 whereafter he was released from custody upon declaration of the general amnesty by the then acting President. After coming out from ..

Category: Criminal Law | Date: | Hits: 56

State Vs. Rabiul Hossain alias Rob, 2000, 29 CLC (HCD)

.... to this Court. The connected appeals being Criminal Appeal Nos.1205 of 1997 and 1391 of 1997 may go out of list for the time being. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 370.......was placed on trial before the learned Additional Sessions Judge, 1st Court, Kushtia along with 12 others. The prosecution examined as many as 20 witnesses. During trial the condemned prisoner was in custody. He did not appoint any lawyer of his own choice and no lawyer was appointed on behalf of th..

Category: Criminal Law | Date: | Hits: 47

KM Obaidur Rahman and others Vs. State, through the Deputy Commissioner Dhaka, 1998, 27 CLC (HCD)

....y this judgment. The Rules were issued after rejection of the prayer for ball by the learned Sessions Judge, Dhaka. 2. Lodged on 4-11-1975, by KA Awal, Deputy Inspector-General of Prisons, Central Jail, Dacca, the first information report, succinct as it is, mentions that at 4-00 AM on 3-11-1975 ......y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51...

Category: Criminal Law | Date: | Hits: 46

Harun and others Vs. State, 1998, 27 CLC (HCD)

....direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33....... cannot be overlooked in considering bail matter in an offence under sections 302/109/34 of the Penal Code. 14. It is also argued from the side of the accused-petitioner Badsha that he had been in custody for 3½ years. The custody of an under trial prisoner for a period of 3½ years cannot be a ..

Category: Criminal Law | Date: | Hits: 65

State Vs. Md. Ariful Islam @ Arif, 2010, 39 CLC (AD)

.... General has failed to make out such a case. We find no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 47, VIII ADC (2011) 87. ......and thereafter the High Court Division for bail. A Division Bench of the High Court Division upon hearing the parties by the impugned order enlarged him on bail on the reasonings that "he has been in custody in connection with the case for more than 6 months. Further investigation has not yet been c..

Category: Criminal Law | Date: | Hits: 50

State Vs. Babul Miah, 2010, 39 CLC (AD)

....Ex-prate- For the Respondent. Criminal Appeal No. 20 of 2001. (From the judgment and order dated 30.5.1995 passed by the High Court Division in Death Reference No. 20 of 1992 heard along with Jail Appeal No.1069 of 1992.) Judgment Surendra Kumar Sinha J.- The Respondent Babul Miah was ......al. The appeal is, therefore, dismissed. The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66...

Category: Criminal Law | Date: | Hits: 58

Md. Solaiman Ali Hamedi Vs. Abu Sayeed Mondol, 2011, 40 CLC (HCD)

....s) only, in default to suffer simple imprisonment for seven days more. 22. The contemner is directed to surrender before the central jail, Rangpur within ten days from date and the Superintendent/Jailor, Rangpur central jail is directed to receive and keep him imprisoned to serve out the above s...... Madrasa and its Superintendent, Police Station Mithapukur, District Rangpur and the Police Super, Rangpur for compliance. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 68

Shahina Begum Vs. Bangladesh, 2003, 32 CLC (HCD)

....any illegality. The Rule, therefore does not merit any consideration. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 224....... to show cause as to why her husband the detenu Md. Solim Ullah Solu, son of late Al-haj Chinu Miah should not be brought before this Court so that it may satisfy, itself that he is not being held in custody without lawful authority. 2. The aforesaid detenu was arrested on 6‑1-­2003 under sect..

Category: Criminal Law | Date: | Hits: 55

Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

....one) month and to pay fine of Tk.10,000.00 (ten thousand), in default to suffer simple imprisonment for 7(seven) days more. These contemnor Nos.1 and 4 are directed to surrender before the Central Jail, Dhaka to serve out the sentence and the Superintendent of Central Jail is directed to receive ......e with such evidence as may be enable the Court to record a conviction but to bring out the real unvarnished truth. Section 167 of the Code authorises police to investigate and to keep an offender in custody for the purpose of investigation in respect of a case. The Courts duty is to see whether suc..

Category: Criminal Law | Date: | Hits: 164

Abul Kalam Mollah Vs. State, 1999, 28 CLC (HCD)

.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 544.......nd sentences are liable to be set aside. 8. Mr. Syed Abu Kowser, the learned Assistant Attorney-General, opposes the appeal contending, inter alia, that the deceased died an unnatural death in the custody of the accused person and the latter failed to explain his conduct on this behalf as to how ..

Category: Criminal Law | Date: | Hits: 32

Abdur Rouf @ Rab Howlader Vs. State, 2003, 32 CLC (HCD)

.... In the result, this appeal is dismissed and the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ......ties; b. the nature of information; and c. the names of the persons appear to be acquainted with the circumstances of the case, stating further whether the accused (if arrested) is forwarded in custody or released on bond, etc. 42. In such report, when the police finds the case not proved o..

Category: Criminal Law | Date: | Hits: 44

Kawsar Alam Khan Vs. State, 2000, 29 CLC (HCD)

....pellant does not leave Bangladesh without permission of the trial Court. This Judgment and order shall have no bearing on the trial. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 298.......pellant who is a law abiding and peace loving citizen having no criminal record. He further submits that the allegations against the appellant are absurd and preposterous and that the appellant is in custody for 18 months. 5. Hijackings of aircrafts over the past decade have become not too infreq..

Category: Criminal Law | Date: | Hits: 54