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Humayun Matubbar Vs. State, 1998, 27 CLC (HCD)

....fine of Taka 10,000.00 is altered to a sentence of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ......lla (P.W.10) and Abdul Mazid Molla (P.W.11) came to rescue Sadek, but both of them were injured respectively by Siraj and Nurul Islam and that the three injured persons had been taken to the hospital for treatment. 2. On the basis of the First Information Report police investigated the case and u......fine of Taka 10,000.00 is altered to a sentence of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ......d. Joynul Abedin J Humayun Matubbar…..………….Appellant Vs. State……........Respondent Judgment June 2, 1998. Result: The appeal is dismissed with the modification. Lawyers Involved: Shaukat Ali Khan, Advocate — For the Appellant. Syed Abu Kowser, Assistant..

Category: Criminal Law | Date: | Hits: 108

Hafizuddin Vs. State, 1989, 18 CLC (HCD)

....­quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ...... Sessions Judge, Gazipur in Sessions Case No.167 of 1985 convicting appellant Hafizuddin and another under section 304 Part II of the Penal Code and sentencing each of them to rigorous impri­sonment for 10 years. 2. The prosecution case, in short, is that on the night following 28th November, 19......­quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ......fizuddin…………………………………Appellant Vs. The State…………………………………Respondent Judgment February 16, 1989. Result: The appeal is allowed. Lawyers Involved: M.A. Tariq, Advocate-For the Appellant. S.B. Barua, Advocate — For the St..

Category: Criminal Law | Date: | Hits: 92

Shahidulla @ Md. Shahidulla & others Vs. State, 1988, 17 CLC (HCD)

....he satisfaction of the Deputy Commissioner, Dinajpur till commence­ment of the trial of this case before the learned Ses­sions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394.......rt of Upazila Magistrate, Nawabganj, Dinajpur arising out of Nawabganj PS Case No.3 of 1987 dated 8.11.87 under sections 147/148/447/324/325/114/326/302/34 of the Penal Code. 2. The facts relevant for the disposal of the Rule may be briefly stated as follows: 3. That according to the prosecuti......he satisfaction of the Deputy Commissioner, Dinajpur till commence­ment of the trial of this case before the learned Ses­sions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394.......la @ Md. Shahidulla & others........Accused-Petitioners Vs. The State………….................Opposite Party Judgment August 30, 1988. Result: The Rule is made absolute. Lawyers Involved: Lutfar Rahman Mondal, with Sajjad Ali Choudhury, Advocates—For the Petitioner..

Category: Criminal Law | Date: | Hits: 74

Md. Humayun Shaikh Vs. State, 2011, 40 CLC (HCD)

....ny reason to interfere with the same. Accordingly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:...... Second Court, Barisal in Session Case No.48 of 1988 convicting the appellant and two others under sections 302 and 34 of the Penal Code and sentencing them thereunder to suffer rigorous imprisonment for life with a fine of Taka five thousand for each in default to suffer simple imprisonment for six......ny reason to interfere with the same. Accordingly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:...... J Md. Humayun Shaikh…………………………Appellant Vs. The State……………………………Respondent Judgment April 17, 2011. Result: The appeal is dismissed. Lawyers Involved: No one appears - For the Appellant. Ms. Promila Biswas, Deputy Attorney Gene..

Category: Criminal Law | Date: | Hits: 125

Md. Shah Alam Vs. State, 2011, 40 CLC (HCD)

....he sentence as altered, if he is not wanted in any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:......dated 24.10.1999 passed by the Sessions Judge, Gaibandha in Sessions Case No.48 of 1995 convicting the appellant under section 302 of the Penal Code and sentencing him to suffer rigorous imprisonment for life with a fine of Taka 2000/- in default to suffer rigorous imprisonment for 2 (two) months mo......he sentence as altered, if he is not wanted in any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:...... State, 60 DLR 261; Shah Alam Vs. The State, 5 BLC 492; Gouranga Kumar Saha Vs. State, 2 BLC (AD) 126; Abdul Mutaleb Howlader Vs. State, 5 MLR (AD) 1; Dipak Kumar Sarker Vs State, 40 DLR (AD) 139. Lawyers Involved: Ms. Aynunnahar Siddiqua, Advocate - For the Appellant. Ms. Nawzish Ara Begum..

Category: Criminal Law | Date: | Hits: 114

Md. Manzil alias Md. Manzil Miah Vs. State, 2012, 41 CLC (HCD)

....y the trial Court. In case of his failure to do so, the law will take its own course. Send down the lower Court records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......cial Tribunal No.4, Kushtia in Special Tribunal Case No.158 of 2001 convicting the sole appellant under section 19A of the Arms Act, 1878 and sentencing him thereunder to suffer rigorous imprisonment for fourteen years. 2. Facts leading to this appeal, in brief, are that the informant Md. Majibar......y the trial Court. In case of his failure to do so, the law will take its own course. Send down the lower Court records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......J Md. Manzil alias Md. Manzil Miah……………………Appellant Vs. The State……………………Respondent Judgment January 8, 2012. Result: The appeal is dismissed. Lawyers Involved: No one appears - For the Appellant. Ms. Syeda Rabia Begum, Assistant Attorne..

Category: Criminal Law | Date: | Hits: 87

Md. Haider Alam Vs. State, 2012, 41 CLC (HCD)

....entence, if any. In case of his failure to do so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ...... of 2001 arising out of Motihar Police Station Case No.16 dated 24.6.2001 convicting the appellant under section 25B (2) of the Special Powers Act and sentencing him thereunder to suffer imprisonment for two years with a fine of Taka 500/- in default to suffer imprisonment for two months more. The T......entence, if any. In case of his failure to do so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......to- Mohiuddin Vs. State, 61 DLR 36; Kashem Vs. State, 54 DLR 212; Billal Miah Vs. State, 9 MLR 429; Rana Madbar and others Vs. The State, 51 DLR 499; Abdur Razzak Talukder Vs. State, 51 DLR 83. Lawyers Involved: No one appears - For the Appellant. Khizir Hayat, Deputy Attorney General wi..

Category: Criminal Law | Date: | Hits: 113

Moulana Farid Uddin Masud Vs. State, 2012, 41 CLC (HCD)

....tropolitan Special Tribunal Case No.1145 of 2005 is hereby set aside. Communicate a copy of the judgment. Ed. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......politan Special Tribunal Case No.1145 of 2005 arising out of Zia International Air Port Police Station Case No.43(8)2005 under sections 3 and 6 of the Explosive Substance Act rejecting an application for return of some articles seized from him, while he was arrested in connection with the case. 2......tropolitan Special Tribunal Case No.1145 of 2005 is hereby set aside. Communicate a copy of the judgment. Ed. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......ddus J Moulana Farid Uddin Masud………………………Appellant Vs. The State……………………Respondent Judgment January 25, 2012. Result: The appeal is allowed. Lawyers Involved: Sheikh Atiar Rahman, Advocate - For the appellant. No one appears - For the ..

Category: Criminal Law | Date: | Hits: 132

Md. Saiful Islam alias Maznu Vs. State, 2010, 39 CLC (HCD)

....custody during the trial will be deducted under section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......lihati Police Station Case No.3 dated 8.7.2004 corresponding to G. R. No.331 of 2004) convicting the appellant under section 302 of the Penal Code and sentencing him thereunder to suffer imprisonment for life with a fine of Taka 5000/-, in default to suffer rigorous imprisonment for one year more. ......custody during the trial will be deducted under section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......ate, 60 DLR 261; Shah Alam Vs. The State, 5 BLC 492; Gouranga Kumar Saha Vs. State, 2 BLC (AD) 126; Abdul Motaleb Howlader Vs. State, 5 MLR (AD) 362; Dipak Kumar Sarker Vs. State, 40 DLR (AD) 139. Lawyers Involved: Dewan Abdun Naser with Abdul Awal, Advocates - For the Appellant. Khizir Hay..

Category: Criminal Law | Date: | Hits: 110

Sahajahan and others Vs. State, 2012, 41 CLC (HCD)

....y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ...... section 439 of the Code of Criminal Procedure calling in question the legality of order dated 19.7.1992 passed by Special Tribunal No.2, Narayangonj rejecting an application filed by the petitioners for stopping the proceedings in Special Tribunal Case No.77 of 1990 and releasing them under section......y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......etitioners Vs. The State…………………Opposite party Judgment June 19, 2012. Result: The Rule is discharged. Case Referred to- Abdul Wadud Vs. State, 48 DLR (AD) 6. Lawyers Involved: No one appears - For the Petitioners. Mrs. Syeda Rabia Begum, Assistant Atto..

Category: Criminal Law | Date: | Hits: 124

Ashraf Miah (Md.) Vs. State, 2003, 32 CLC (HCD)

....se No.38/1999 arising out of Tongi Police Station Case No.8(1)/99 now pending in the Court of Magistrate , Gazipur is hereby quashed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 509. ......e as to why the proceedings of GR Case No.38/1999 arising out of Tongi Police Station Case No.8(1)/99 pending in the Court of Magistrate, Gazipur should not be quashed. 2. Kazi Delwar Hossain as informant lodged a first information report alleging, inter alia, that the accused-petitioner entered ......se No.38/1999 arising out of Tongi Police Station Case No.8(1)/99 now pending in the Court of Magistrate , Gazipur is hereby quashed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 509. ......ccused-Petitioner Vs. State…………………………………………………………………Opposite-Party Judgment March 17, 2003. Result: The Rule is made absolute. Lawyers Involved: AKM Shamsul Haque, Advocate—For the Petitioner. MU Ahmed, Assistant Attorn..

Category: Criminal Law | Date: | Hits: 99

Amal Cabraal Vs. Golam Murtaza, 2003, 32 CLC (HCD)

....ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492.......ous Case Nos. 6948, 4042 & 5341 of 1998. Judgment SK Sinha J.—These Rules arise out of complaint Case No.2018 of 1998 pending in the Court of Chief Metropolitan Magistrate, Dhaka and therefore, these Rules are disposed of by this judgment. Petitioners sought anticipatory bail and this Co......ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492.......t May 10, 2003. Result: The Rules in Criminal Miscellaneous Case Nos.6948 and 5341 of 1998 are discharged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. Lawyers Involved: Shirin Sharmin Chowdhury with Tania Amir and Manzil Morshed, Advocates—For th..

Category: Criminal Law | Date: | Hits: 126

Abdul Majid Vs. State, 2003, 32 CLC (HCD)

....ugned judgment and order of conviction and sentence dated 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486....... Station Case No.9 dated 27‑3‑98 corresponding to GR Case No.21 of 1998 convicting the appellant Abdul Majid under section 364 of the Penal Code and sentencing him to suffer rigorous imprisonment for 10 years and to pay fine of Taka 2,000 in default to suffer rigorous imprisonment for 1 (one) ye......ugned judgment and order of conviction and sentence dated 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486....... Khaliluddin Vs. State, 1986 BLD (AD) 1; Muslimuddin Vs. State, 38 DLR (AD) 311; Shamsuddin Vs. State, 45 DLR 587; State Vs. Kalu Bepari, 43 DLR 249; Abdul Motleb Howlader Vs. State, 6 BLC (AD) 1. Lawyers Involved: Mujibur Rahman, Advocate—For the Appellant. ABM Waliur Rahman Khan, Assist..

Category: Criminal Law | Date: | Hits: 112

Abul Kashem & anoth­er Vs. State, 1990, 19 CLC (HCD)

....is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378.......of 1987 and Jail Appeal No.177 of 1987. Judgment Kazi Ebadul Hoque J. - This Reference un­der section 374 of the Code of Criminal Procedure by the Additional Sessions Judge, Jessore is for con­firmation of the sentence of death passed upon the prisoners Abbasuddin Sheikh and Md. Abul......is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378.......SC) 672; Barendra Kumar Ghosh Vs. King Emper­or, 52 IA 40 =AIR 1925 (PC) 1; Sheikh Ahmed Vs. The State 1979 BSCR (Vol. III) at page 417, Abed Ali Vs. the State being Criminal Appeal No.4 of 1989. Lawyers Involved: Sheikh Atiar Rahman with ABM Golam Mazid Advocates—For the Condemned Prisoner..

Category: Criminal Law | Date: | Hits: 147

Shadesh Chandra Saha Vs. State, 1995, 24 CLC (HCD)

....ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ...... 94, framing charge against the petitioner Sadesh Chandra Shaha alias Kala alias Kablyya under section 4 of the Anti-Terrorism Act and section 365 of the Penal Code. 2. The short fact as unfolded for the prosecution is, that on7.6.1994 at about 6-30 PM the accused petitioner along with others ki......ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ...... State, AIR 1951 (Assam) 17; Ram Charita Rambhakat Vs. Chairman of District Board, AIR 1937 (Cal) 710; AIR 1950 (Mad.) 599; Abdul Halim Pattader and ors Vs. M Rahmat Ali & others, 33 DLR 379. Lawyers Involved: Khondaker Mahbub Hossain, with Golam Kibria and Md. Afzal Hossain, Advocates - ..

Category: Criminal Law | Date: | Hits: 133

Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)

.... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ...... Motion No.10 of 1996 should not be set aside or such other or further order or orders passed as to this Court may deem fit and proper. 2. President petitioner Jalaluddin Bhaiyan lodged an First Information Report at Kashba Police Sithon on 19-10-95 naming 86 accused persons including the 4 oppos...... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ......ents Judgment July 2, 1997. Result: The Rule is made absolute. Cases Referred to- Mazharul Haq Vs. Ishaque Sardar, 14 DLR (SC) 251; Nannu Gazi Vs. Awlad Hossain, 43 DLR (AD) 63. Lawyers Involved: Abdul Malek with AHM Mushfiqur Rahman, Advocates — For the Petitioner. Ser..

Category: Criminal Law | Date: | Hits: 143

Jabed Ali (Md.) alias Jabed Ali and others Vs. State, 1999, 28 CLC (HCD)

....he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397.......ned Additional Sessions Judge, Dinajpur, in Session Case No.40 of 1993 convicting all the accused-appellants under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and to pay a fine of Tk. 2,000.00 each, in default to suffer rigorous imprisonment for 6 mo......he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397.......ant Vs. State……………………Respondent Judgment July 12, 1999. Result: The appeal is allowed. Case Referred to- Pakala Narayan Swami Vs. Emperor, AIR 1939 (PC) 47. Lawyers Involved: MA Wahab Miah with Md. Enayetur, Advocates— For the Appellants. Khandker M..

Category: Criminal Law | Date: | Hits: 132

Sekandar Ali (Md.) Vs. Government of Bangladesh and others, 1990, 19 CLC (HCD)

.... connection with any other case. Accordingly the rule is made absolute. Let an advance order of release be issued as prayed for. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 346. ...... section 54 of the Code of Criminal Procedure on 19.10.89 and on the follow­ing day that is on 20.10.89 the District Magistrate, Bakerganj, Barisal issued the detention order directing his detention for 30 days with effect from the date of order i.e. 20.10.89. Then on 6.11.89 the detention order wa...... connection with any other case. Accordingly the rule is made absolute. Let an advance order of release be issued as prayed for. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 346. ......January 29, 1990. Result: The rule is made absolute. Cases Referred to- 31 DLR (AD) 1979 at page 1, PLD 1959 (Dhaka) 774; AIR 1953(SC) 318; AIR 1970 (SC) 852; 28 DLR 1976 at page 259. Lawyers Involved: Abdur Rahman Biswas, Advocate— For the Petitioner. Md. Delwar Hossain, Ass..

Category: Criminal Law | Date: | Hits: 117

Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)

.... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441.......ce passed by Mr. SM Jamshedur Rahman, Additional Sessions Judge, Netrokona in Sessions Case No.297 of 1984. 2. The relevant facts of the case as stated in court by P.W.1 Abdur Rashid, son of the informant Abdul Hamid Khan (now deceased) is that on the night following 8th Sravan, 1389 BS correspon...... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441.......€¦â€¦.….. Respondent Judgment May 7, 1992. Result: The appeal is allowed. Cases Referred to- Khelu Mia and others Vs. The State, 43 DLR 573; 37 DLR 156; 40 DLR 97; 43 DLR 537. Lawyers Involved: SMG Amirullah Chowdhury, Advocate ‑ For the Appellants. RI Bakshi, Assista..

Category: Criminal Law | Date: | Hits: 112

Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)

....r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431.......d Gholam Rabbani J.- Accused Fulu Mohammad, Fazlu Mohammad, Abu Bakkar alias Abu Bakkar Siddiq, Fazir Mohammad, Lokman, Mohiuddin alias Moinuddin and Md. Mofazzal Hossain being appellant Nos.1 to 7 before us and seven other accuseds since acquitted were placed on trial before the Court of the Sessio......r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431.......mad and others ………………………….Appellants Vs. State.........................Respondent Judgment July 13, 1992. Result: The appeal is allowed. Lawyers Involved: Asaduzzaman with Syed Amirul Islam and S B Barua, Advocates‑For the Appell..

Category: Criminal Law | Date: | Hits: 86