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State Vs. Alal Mia and others, 2010, 39 CLC (AD)
....(From the judgment and order dated the 14th day of July, 2008 passed by the High Court Division in Death Ref.No.01 of 2005 with Criminal Appeal No.80 of 2006 with Criminal Appeal No.1205 of 2005 with Jail Appeal No.16 of 2006). Judgment Mohammad Fazlul Karim CJ.- These Petitions for Leave to A......f the 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: VII ADC (2010) 1013...Category: Criminal Law | Date: | Hits: 46
State and Others Vs. Abdul Kader @ Mobail Kader and others, 2010, 39 CLC (AD)
....igh Court Division in Reference No. 14 of 2004 with Criminal Appeal No. 459 of 2004 with Criminal Appeal No. 476 of 2004 with Criminal Appeal No. 411 of 2004 with Criminal Appeal No. 318 of 2004 with Jail Appeal No. 800 of 2004 with Jail Appeal No. 819 of 2004). Order Mohammad Fazlul Karim CJ.......e Baban Khan of East Madiny Mondal, 41/1, Purana Paltan, P.S. Motijheel, Dhaka are directed to surrenÂder forthwith before the Court below. Ed. This Case is also Reported in: VII ADC (2010) 984...Category: Criminal Law | Date: | Hits: 46
Amar Kumar Nag @ Ratu Nag Vs. State, 1989, 18 CLC (HCD)
....he accused is apprehended or surÂrenders to bail custody. As against that order of conviction and sentence Amar Kumar Nag @ Ratu Nag having submitted to the police, had preferred this appeal from Jail when at the time of admission of this appeal he was enlarged on bail to the satisfaction of the......r, sentencing him there under to suffer R.I. for a period of 3 years withÂout any fine directing that the sentence will be effecÂtive from the day the accused is apprehended or surÂrenders to bail custody. As against that order of conviction and sentence Amar Kumar Nag @ Ratu Nag having submit..Category: Criminal Law | Date: | Hits: 35
Syed Mahmudur Rahman alias Rumi Vs. State, 2009, 38 CLC (AD)
.... (Criminal) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Surendra Kumar Sinha J Syed Mahmudur Rahman alias Rumi……………………..Petitioner (In Jail) Vs. The State…………….........Respondent Judgment December 10, 2009. Law...... on record dismissed the appeal and there is no cogent reason to call for any interÂference by this Division. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 888...Category: Criminal Law | Date: | Hits: 31
Angur Vs. State, 1988, 17 CLC (HCD)
....e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66.......7. Subj: Tender of pardon. Sir In c/w of the case referred to above I have the honour to report that accd. Angur S/o.L. Haji Barkatullah of Dighirpur P.S. Bajitpur Dist. Mymensingh is now in custody in this case and he made judicial confession implicating himself and others. The D.I.G., C.I..Category: Criminal Law | Date: | Hits: 42
Tajul Islam Vs. Gobinda Prashad Das and others, 2000, 29 CLC (HCD)
....harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436.......laint petition as it appears prima facie discloses an offence under sections 161/342 of the Penal Code. 9. The contention of the learned Advocate that since admittedly the complainant was put into custody in connection with a case, so section 342 of the Penal Code has no manner of application in ..Category: Criminal Law | Date: | Hits: 62
Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....etition No. 6911 of 2001. Judgment Md. Hamidul Haque J.- This Rule was issued calling upon the respondents to show cause as to why the detenu Al-Haj Mokbul Hossain now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being hel......ondents to show cause as to why the detenu Al-Haj Mokbul Hossain now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and without any lawful authority. 2. Mr. Amirul Islam, who appeared in support ..Category: Criminal Law | Date: | Hits: 60
Abul Member and Abul Hussain Vs. Secretary, Ministry of Home Affairs and others, 2002, 31 CLC (HCD)
.... the locality including the businessmen insecure. It appears from the detention order that the detaining authority was compelled to issue the detention order detaining the detenu in the Dhaka Central Jail after his arrest so as to ensure peace and tranquility in the vicinity of Kamrangirchar Police ......ion order was issued detaining the detenu in the Dhaka Central Jail and as such the detenu is not entitled to be released from detention as there are sufficient materials/grounds to detain him in the custody and the grounds are not vague, unspecified and indefinite as alleged. On the contrary the gr..Category: Criminal Law | Date: | Hits: 22
Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
.... Lawyers Involved: Not represented ‑ For the Appellants. Md. Iqbal Kabir and Md. Alamgir Kabir, Assistant Attorneys-General‑ For the State. Criminal Appeal No. 124 of 1985 with Criminal (Jail) Appeal No. 141 of 1985. Judgment Md. Abdul Aziz J.- Criminal Appeal No. 124 of 1985 pref......altu and Manju went to the house of Fazle Ali who came to boat for purchase of the paddy loaded in 31 bags. Paltu, Helal, Manju and others returned back to eastern side after keeping the paddy in the custody of Fazlu. Manju damaged bottom of the boat by removing plank and pushed the boat into the ri..Category: Criminal Law | Date: | Hits: 35
Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)
....ng investigation all 3 accused namely Zakir, Suruj and Sadek found absent and absconding. Zakir was arrested on 5‑10Â-89 by Daudkandi thana police wherefrom he was sent to Comilla district Central Jail. On receipt of intimation he was brought in the present case and was shown arrested in connecti...... year more by judgment dated 20‑1‑92. Subsequently, after above judgment dated 20‑1‑92 convicted accused Suruj Miah surrendered to the Court below on 17‑3‑92 where from he was sent to the custody. Being aggrieved by the impugned judgment, order of conviction and sentence dated 20‑1â..Category: Criminal Law | Date: | Hits: 34
Nasir Howlader Vs. State, 2004, 33 CLC (HCD)
.... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ......ly part of following day i.e. on 7‑2Â-1995, victim succumbed to his injuries. In the meantime, police with the help of local law enforcing agencies apprehended the accused person and took him into custody from the house of Delwar Hossain Howlader. 3. Narrating these facts PW1, full brother of ..Category: Criminal Law | Date: | Hits: 30
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
.... Syed Ziaul Karim with Khair Ahmed, AdvocatesÂ-For the appellants (In all the above appeals). Death Reference No. 24 of 2001 with Criminal Appeal Nos. 3036 of 2001 and 207 of 2002 and Criminal Jail Appeal No. 2267 of 2001. Judgment AK Badrul Huq J.- Dead body of Rokeya Begurn with injur......But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124...Category: Criminal Law | Date: | Hits: 31
Dulal Mia (Md) Vs. State, 2003, 32 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: 56 DLR (2004) 65.......smuch as the learned Advocate for the appellant failed to realise that the present case is of exceptional nature where the deceased being wife of the accused met with unnatural death while she was in custody of her husband (accused), the defence was duty bound to explain his conduct as to how she me..Category: Criminal Law | Date: | Hits: 88
Reaz Shahid @ Milon Vs. State, 2001, 30 CLC (HCD)
.... Taka 1,00,000 with two sureties of like amount to the satisfaction of Jananirapatta Bigna Shirishtikari Aparad Damon Tribunal, No. 2, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 385....... Taka 1,00,000 with two sureties of like amount to the satisfaction of Jananirapatta Bigna Shirishtikari Aparad Damon Tribunal, No. 2, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 385...Category: Criminal Law | Date: | Hits: 34
Karam Ali Vs. State, 2001, 30 CLC (HCD)
.... Gour Gopal Saha J Md. Nizamul Huq J Karam Ali……… Appellant Vs. State……………. Respondent Judgment July 5, 2001. Result: The appeal is dismissed. Criminal Jail Appeal No. 1192 of 1995. Judgment Gour Gopal Saha J. - This jail appeal is directed again......and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378...Category: Criminal Law | Date: | Hits: 97
Nurul Islam Manzoor Vs. State, 2000, 29 CLC (HCD)
.... are returned to one of the learned Advocates of the petitioners. Communicate the order to the Metropolitan Session Judge, Dhaka. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 276. ......the parties, the nature of the information and the names of the persons who appear to acquainted with the circumstances of the case and stating whether the accused (if arrested) has been forwarded in custody or has been released on his bond, and, if so, whether with or without sureties, 3 (A) Whe..Category: Criminal Law | Date: | Hits: 45
....-General— For the Opposite Parties.
Criminal Miscellaneous Case No. 6693 of 2001.
Judgment
AK Badrul Huq J. - The detenu Md. Aftab Hossain is under Preventive Detention in Barisal District Jail. The detenu stood arraigned for offence punishable under section 19(a) and (f) of the Arms Act,......iscellaneous Case No. 6693 of 2001.
4. Section 491 of the Code enshrines that if a person within the territorial jurisdiction of the Courts is illegally or improperly detained in public or private custody, the High Court Division may direct that the said detenu be brought before it to be dealt wi..
Category: Criminal Law | Date: | Hits: 39
Nure Alam and others Vs. State, 2002, 31 CLC (HCD)
....contents of the first information report though he is not a maker of the same. He just filled up the column of the first information report form. PW 12 Dr. Md. Iqbal Hossain was the SMP Surgeon in Jail Hospital. On 20-3-1990 he held the autopsy over the dead body of deceased Sukur Mahmud and foun......oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ..Category: Criminal Law | Date: | Hits: 42
State Vs. Moslem, 2002, 31 CLC (HCD)
....al and Mohammed Abdul Baset, Assistant Attorney-General-Â For the State. Md. Rasheduzzaman Bashunia, State Defence Lawyer- For Condemned Prisoner-Respondent. Death Reference No. 7 of 1999 with Jail Appeal No. 585 of 1999. Judgment AK Badrul Huq J.- Incident of certain crimes like rape a......ns obtained by inducement, etc. Section 25 bars all confessions made to police officers under any circumstances, whether voluntary or involuntary while section 26 shuts out confessions made in police custody, except those made in the presence of a Magistrate. A confession may be oral or documentary...Category: Criminal Law | Date: | Hits: 82
Maksuda Begum Vs. Secretary, Ministry of Home Affairs and 2 others, 1999, 28 CLC (HCD)
.... Amirul Kabir Chowdhury J.- This Rule was issued calling upon the opposite parties to show cause as to why the detenu Abul Hossain Mia @ Abul Hossain Pada & Abul Pada detained in Dhaka Central Jail should not be brought before this Court to be dealt with in accordance with law. 2. The dete......ained in Dhaka Central Jail, is declared illegal and the said detenu be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 174...Category: Criminal Law | Date: | Hits: 44
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