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State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....sentence of death imposed under upon the condemned prisoner Md. Shamim @ Shamim Sikder son of late Abdur Rouf Sikder @ Nuru Mia son of Srenath Chatterjee Lane, Kalibari Road PS Kotwali Barisal on his conviction for the offence punishable under section 302 of the Penal Code passed on 17-5-1997 in Ses......der section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, 1st Court, Barisal for confirmation of the sentence of death imposed under upon the condemned prisoner Md. Shamim @ Shamim Sikder son of late Abdur Rouf Sikder @ Nuru Mia son of Srenath Chatterj..Category: Criminal Law | Date: | Hits: 50
Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
....al Sessions Judge, Court No. 2 and Nari‑O‑Shishu Nirjatan Daman Adalat at Brahmanbaria by its judgment and order dated 12Â-10‑2000 passed in Nari‑O‑Shisu Nirjatan Daman Case No. 37 of 1998 convicting the condemned prisoners Osena Begum alias Babuler Ma and her son Babul Miah under section......No. 2 and Nari‑O‑Shishu Nirjatan Daman Adalat at Brahmanbaria by its judgment and order dated 12Â-10‑2000 passed in Nari‑O‑Shisu Nirjatan Daman Case No. 37 of 1998 convicting the condemned prisoners Osena Begum alias Babuler Ma and her son Babul Miah under sections 10(1) and 14 of the Nar..Category: Criminal Law | Date: | Hits: 49
Akkas Ali Molla and another Vs. State, 2001, 30 CLC (HCD)
....€‘2‑1989 passed by the Sessions Judge, Bogra in Criminal Appeal No. 24 of 1988 should not be set aside. 2. By the impugned judgment the learned Sessions Judge confirmed the judgment and order of conviction dated 1‑6‑1988 of the Additional District Magistrate, Bogra in DAB GR Case No. 12 of ...... is felt to be necessary. The order of stay of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ..Category: Criminal Law | Date: | Hits: 129
Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)
....n Khan with Shamima Ara Dora, Assistant Attorneys‑General‑for the State. Criminal Appeal No. 697 of 1995. Judgment Md. Abdul Quddus J.- This appeal is directed against judgment, order of conviction and sentence dated 27‑3‑1995 by Additional Sessions Judge, First Court, Barisal in Se...... 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. ..Category: Criminal Law | Date: | Hits: 42
State Vs. Md. Abdul Kuddus and others, 2010, 39 CLC (AD)
.... used against the maker or co-accused tried jointly. The trial Court also found that the confessional stateÂment of accused Nuru Miah was exculpatory. It appears that the trial Court erred in law in convicting the accused appellants on the basis of unreliable evidence and exculpatory confessional s......he conÂfessional statement of Nuru Mia, the eviÂdence of the witnesses, the impugned judgment and submits that the learned Judges of the High Court Division erred in law in acquitting the condemned prisoner Abdul Quddus against whom there are definite evidence that he shot to death of the victim G..Category: Criminal Law | Date: | Hits: 47
Mamun Sheikh Mamun Vs. the State, 2010, 39 CLC (AD)
.... the important, disinterested reliÂable neighbour of the alleged place of occurrence were not examined as cited in the charge sheet and those who were examined are highly interested and as such, the conviction and sentence imposed against the condemned prisoner is liable to be interfered with. The ......e No.42 of 2005 directing against the death sentence dated 09.04.2005 passed by the learned Sessions Judge, Narayanganj in Sessions Case No.312 of 2004 dismissing the Criminal Appeal of the condemned prisoner and thereby accepting the death reference by being confirmed the death sentence. 2. The ..Category: Criminal Law | Date: | Hits: 49
State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)
....ection 374 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.). The reference has been numbered as Death Reference No. 4 of 2000. 2. Accused Saiful Islam and Fazilutennessa were convicted under sections 302/34 of the Penal Code and sentenced to death in Sessions Trial Case No. ......o death. 39. In the case of Abdul Motaleb Howlader Vs. State, 6 BLC (AD) 1, wife died while in the custody of her husband. The Appellate Division held that the murder occurred while the condemned prisoner was living with his wife in the same house. So, he was under an obligation to explain how h..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. ...... Advocate-State Defence Lawyer for the Respondent. Death Reference No. 33 of 2001. Judgment SK Sinha J.- The Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, Chandpur sentenced the condemned prisoner Billal Hossain Gazi to death by judgment and order dated 30‑7‑2001 in Nari‑oÂ-Shishu..Category: Criminal Law | Date: | Hits: 43
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....uthority, and also to know exactly what accusation against him is so that he can exercise his right of consulting a legal practitioner of his choice. It is now established that even where a person is convicted or is in custody on certain allegations of commission of a cognisable offence, he does not......sell stated that "it cannot be too strongly impressed on the Magistracy that bail is not to be withheld as a punishment but that the requirements as to bail are merely to secure the attendance of the prisoner at his trial." Similar phase can be discerned in the American Law. Until 1960s the law and ..Category: Criminal Law | Date: | Hits: 70
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....ere tried in absentia. 2. Learned Additional Sessions Judge found: (a) Accused Ershad Ali Sikder, Liaquat Lashkar and Jamai Farooq guilty of offence of sections 302/201/34 of the Penal Code and convicted them thereunder. Death penalty was imposed upon them. They were ordered to be hanged by th......ment. 5. In the Judgment, victim Md. Jahangir Kabir Fatik shall be referred to hereinafter as victim Fatik. Convicts Ershad Ali Sikder, Liaquat Lashkar and Jamai Farooq shall be known as condemned prisoners and convicts ldris Jamai and Abdus Sabur shall be pictured as convict-appellants. Convicts..Category: Criminal Law | Date: | Hits: 69
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....bu Pada Achariya. Special Tribunal, also, found that as a result of rape committed by accused Shibu Pada prosecutrix PW1 Ratna Rani conceived and gave birth to a female child. Special Tribunal, thus, convicted accused‑appellant for offence of section 4(c) of the Ordinance of 1983. On sentence Spec......od convicted for offence 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 ..Category: Criminal Law | Date: | Hits: 64
Abu Talukder Vs. State, 1999, 28 CLC (HCD)
....dgment Gour Gopal Saha J. - This appeal in directed against the judgment dated 5-6-91 passed by the Sessions Judge, Jhalakati in Sessions Case No.20 of 1990 (arising out of GR Case No. 17 of 1987) convicting the accused appellant under sections 302/34 of the Penal Code to suffer imprisonment for ......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
State Vs. Shah Alam, 2003, 32 CLC (HCD)
....Md. Joynul Abedin J.- This Death Reference, Criminal Appeal No. 1545 of 2001 and Jail Appeal No. 1486 of 2001 having arisen out of the death sentence awarded to the condemned prisoner Shah Alam being convicted by Mr. Badsha Alamgir, Additional Sessions Judge, Bogra under section 302 of the Penal Cod......of 2001. Judgment Md. Joynul Abedin J.- This Death Reference, Criminal Appeal No. 1545 of 2001 and Jail Appeal No. 1486 of 2001 having arisen out of the death sentence awarded to the condemned prisoner Shah Alam being convicted by Mr. Badsha Alamgir, Additional Sessions Judge, Bogra under sec..Category: Criminal Law | Date: | Hits: 54
Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)
....bove are directed against the judgment and order dated 23‑9‑1998 passed by Assistant Sessions Judge, 1st Court, Chittagong in Sessions case No. 131 of 1995 (out of Baskhali PS Case No. 7(12) 1993 convicting the accused appellants Shamsul Alam and Razzak under sections 395/397 of the Penal Code a......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
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....nt Attorney‑General and Fara Mahmuda, Assistant Attorney-General-For the State. Abdul Malek, with 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......s reference under section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, 1st Court Khulna for confirmation of sentence of death awarded to the condemned prisoners Ershad Ali Sikder, Faruk Jamai and LM Liaquat Ali Lasker, pursuant to the judgment and ord..Category: Criminal Law | Date: | Hits: 110
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
.... in granting anticipatory bail under section 438 are materially different from those when an application for bail by a person who is arrested in the course of investigation as also by a person who is convicted and his appeal is pending before the higher court and bail is sought during the pendency o......pearance." 10. The 'Bail' as per the Encyclopedia Britannica is a procedure by which a Judge or Magistrate sets at liberty one who has been arrested upon receipt of security to ensure the released prisoner's later appearance in Court for further proceedings. 11. The Shorter Oxford English Dict..Category: Criminal Law | Date: | Hits: 79
Mukit and others Vs. State, 2011, 40 CLC (AD)
....nced them to suffer rigorous imprisonÂment for 3 (three) months with a direction to run the sentence of Mukit and Angurer Nessa concurrently. 4. On appeal from the aforesaid judgment and order of conviction and sentence, the High Court Division by the impugned judgÂment maintained the convictio......in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ..Category: Criminal Law | Date: | Hits: 49
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
.... trial the case was transferred to the Special Martial Law Court No.4, Comilla by the Zonal Martial Law Administrator, Zone-D, Comilla, for trial and the said Martial Law Court on completion of trial convicted the petitioner and the other co-accuseds and sentenced them to suffer imprisonment for lif...... 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...Category: Criminal Law | Date: | Hits: 56
State Vs. Rabiul Hossain alias Rob, 2000, 29 CLC (HCD)
....t, Kushtia for confirmation of the sentence of death imposed upon the condemned prisoner Rabiul Hossain alias Rob, son of Maher Ali Howlader, Village Bashbonia, PS Katalia, District Jhalakathi on his conviction for the offence punishable under sections 396/34 of the Penal Code passed on 30-6-97 in S......nce under section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, 1st Court, Kushtia for confirmation of the sentence of death imposed upon the condemned prisoner Rabiul Hossain alias Rob, son of Maher Ali Howlader, Village Bashbonia, PS Katalia, Distric..Category: Criminal Law | Date: | Hits: 47
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.......n 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 ground for enlarging an accused on bail specially in ..Category: Criminal Law | Date: | Hits: 65
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