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State Vs. Babul Miah, 2010, 39 CLC (AD)
.... marked as exhibit 11 has also been recorded in accordance with law. It is a well settled principle of law that the confessional statement of an accused if voluntary and true can be the sole basis of conviction of the maker of it". 5. The learned Judges of the High Court Division disbelieved the ...... his own favour as those making against him." 12. With regard to criminal cases, Taylor argued: "In the proof of confession - as in the case of admissions in civil causes- the whole of what the prisoner said on the subject at the time of making the confession should be taken together." 13. ..Category: Criminal Law | Date: | Hits: 58
Abdur Rouf @ Rab Howlader Vs. State, 2003, 32 CLC (HCD)
....ated 29-11‑1989 passed by the Additional Sessions Judge at Bagerhat in Sessions Case No. 62 of 1987 (arising out of Shwarankhola PS Case No. 2 dated 8‑5‑1984 and GR Case No. 32 of 1984) which convicted the appellant under section 302 of the Penal Code and sentenced him to imprisonment for li...... 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. ..Category: Criminal Law | Date: | Hits: 44
State Vs. Alal Mia and others, 2010, 39 CLC (AD)
....riminal Appeal No. 80 of 2006 with Criminal Appeal No.1205 of 2005 with Jail Appeal No. 16 of 2006 rejecting the death reference of condemned prisoner Alal Mia, allowing the appeals setting aside the conviction and sentence of the appellants namely Alal Miah, Jahangir Mia and Kamal Mia. 2. The pr......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 rejecting the death reference of condemned prisoner Alal Mia, allowing the appeals setting aside the conviction and sentence of the appellants ..Category: Criminal Law | Date: | Hits: 46
State and Others Vs. Abdul Kader @ Mobail Kader and others, 2010, 39 CLC (AD)
....by the learned Judge, Druto Bichar Tribunal No.1, Dhaka in Speedy Trial Tribunal Case No.23 of 2003 corresponding to G.R, Case No.3783 of 2001 arising out of Motijheel PS. Case No.65 dated 18.10.2001 convicting 6(six) accused-respondents under Sections 302/120B/34 of the Penal Code and sentencing th......e Baban Khan of East Madiny Mondal, 41/1, Purana Paltan, P.S. Motijheel, Dhaka are directed to surrender forthwith before the Court below. Ed. This Case is also Reported in: VII ADC (2010) 984...Category: Criminal Law | Date: | Hits: 46
Feroz Uddin Vs. Eshan Re-Rolling Mill Ltd., 2009, 38 CLC (HCD)
....e. Criminal Appeal No. 6309 of 2008 And Criminal Appeal No. 6310 of 2008. Judgment ATM Fazle Kabir J. - These two Criminal appeals being Nos.6309 of 2008 and 6310 of 2008 preferred by convict-appellant Feroj Uddin are directed against the judgment and order of conviction and sentence......ties are hereby discharged from their bail bonds. Send down the lower court records at once for information and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 684. ..Category: Criminal Law | Date: | Hits: 57
State Vs. Masum and others, 2010, 39 CLC (AD)
...., 1878. 2. The prosecution case, in short, is that one Md. Imamur Hossain, A.S.I. Kafrul Police Station, D.P.M., Dhaka being the informant, lodged an F.I.R. with Kafrul Police Station, against the convict-petitioners, registered as Kafrul Police Station Case No.26(3) of 2003 dated 17.03.2003 unde......hall continue till disposal of the appeal. The petitioner is at liberty to mention the appeal for expeditious hearing when it is ready. Ed. This Case is also Reported in: VII ADC (2010) 883. ..Category: Criminal Law | Date: | Hits: 47
Sayed and others Vs. State, 2009, 38 CLC (AD)
....ing those dated 02.04.1997 passed by the Additional District Judge, Sunamganj in Sessions Case No.10 of 1990 arising out of Tahirpur Police Station Case No. 3(5)88 corresponding to G.R. No.19 of 1988 convicting the accused petitioner Nos. 1, 4, 6 and 7 under Section 302/149 of the Penal Code and pet......ove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 830. ..Category: Criminal Law | Date: | Hits: 26
Angur Vs. State, 1988, 17 CLC (HCD)
...., Advocate — For the Appellant. S.B. Barua, Advocate — For the State. Criminal Appeal No. 215 of 1985 Judgment Mahmudul Amin Chowdhury J.- This appeal is directed against the order of conviction and sentence passed by Mr. Binoy Kumar Bose, Assistant Sessions Judge, 4th Court, Kisho......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...Category: Criminal Law | Date: | Hits: 42
Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....he jail during his detention. In the case of Shariar Kabir which has been decided only few days back, we have elaborately discussed the question of treatment towards a detenu. A detenu, being neither convict nor an under trial prisoner, should get separate treatment and should be given opportunity t......n. In the case of Shariar Kabir which has been decided only few days back, we have elaborately discussed the question of treatment towards a detenu. A detenu, being neither convict nor an under trial prisoner, should get separate treatment and should be given opportunity to meet members of his famil..Category: Criminal Law | Date: | Hits: 60
Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
....tant 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 preferred by convict-appellant No 1. Zahid Hossain alias Paltu 2. Jalal 3. Helal and 4. Manjur and Criminal (Jail...... appellants are acquitted of the charge levelled against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ..Category: Criminal Law | Date: | Hits: 35
Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)
....eneral with Shamim Ara Dora. Assistant Attorney-General‑ For the State. Criminal Appeal No. 351 of 1992. Judgment Md. Abdul Quddus J.- This appeal is directed against judgment, order of conviction and sentence dated 20‑1‑1992 by Sessions Judge Chandpur in Sessions Case No. 2/91 ari...... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137...Category: Criminal Law | Date: | Hits: 34
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....persons but was done to death by the dacoits during the night of occurrence. 6. In this background of the case the learned Sessions Judge, in consideration of the evidence and materials on record, convicted and sentenced the condemned prisoner Abul Kashem and accused appellant Anowar Hossain Pint......awyers Involved: Golam Kibria, Deputy Attorney-General with Snigdha Huq, Assistant Attorney-General in support of the Reference. Dr. Abul Bashar, Advocate-State defence lawyer for the condemned prisoner. AKM Fakhrul Islam-For the appellant in Criminal Appeal. Death Reference No. 11 of 2..Category: Criminal Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....e taken up. 9. Learned Sessions Judge found all the four accused persons Shah Alam, Khodeja Begurn, Mir Hossain alias Mira and Alamgir guilty of offence under sections 302/34 of The Penal Code and convicted them thereunder. Death penalty was imposed upon each of them. 10. Learned Sessions Judg...... hypothesis and unequivocally point to the guilt of the accused. 27. Prosecution to bring home guilt of the convict-appellants relied upon the following circumstances: a. Treatment of condemned prisoner Shah Alam towards deceased Rokeya Begum as evidenced by testimonies of Informant PW 1 Abdul..Category: Criminal Law | Date: | Hits: 31
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
....pondent. Criminal Appeal No. 948 of 1996. Judgment Gour Gopal Saha J.- This appeal is directed against the judgment and order dated 8-7-1996 passed by the Division Special Case No.60 of 1994 convicting accused-appellants Md. Ali Hossain and Tara Mia and absconding co accused Md. Siddiqur Ra...... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ..Category: Criminal Law | Date: | Hits: 40
Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)
....passed by Additional Sessions cum Special Tribunal Judge, Jamalpur in Special Powers Act Case No.6 of 1990 arising out of Jamalpur PS Case No. 4 dated 10-11-89 corresponding to GR Case No.151(2)/1989 convicting and sentencing the accused under section 376 of the Penal Code to suffer rigorous impriso......is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ..Category: Criminal Law | Date: | Hits: 32
.... at liberty at once, if not required in any other case.
Let an advance order be sent to Superintendent, Barisal Jail, Barisal immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 266.......vate custody, originated from England, by means of writ of habeas corpus ad subjiciendum (that you have the body to submit or answer), Habeas corpus ad subjiciendum is directed to the per who had the prisoner in custody, commanding such person to produce the prisoner in court on cause of detention a..
Category: Criminal Law | Date: | Hits: 39
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....he allegation made by Mr. Islam about the ill treatment meted out to the detenu. Mr. Islam after referring to paragraph 7(d) and 17(c) of the supplementary affidavit, submits that the detenu is not a convict nor a prisoner and, as such, there is no scope of treating him in inhuman manner. The respon......made by Mr. Islam about the ill treatment meted out to the detenu. Mr. Islam after referring to paragraph 7(d) and 17(c) of the supplementary affidavit, submits that the detenu is not a convict nor a prisoner and, as such, there is no scope of treating him in inhuman manner. The respondents did not ..Category: Constitutional Law | Date: | Hits: 195
Nure Alam and others Vs. State, 2002, 31 CLC (HCD)
.... Attorney General and Monowara Khatun, Assistant Attorney General—For the State. Criminal Appeal No. 2308 of 1993. Judgment Md. Shamsul Huda J.- This appeal is directed the instance of the convict appellants Nur-e-Alam, Md Abdur Razzaque, Md Joynal Haque alias Joynal, Nurul Islam and Md L......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
Kashem Vs. State, 2001, 30 CLC (HCD)
....er dated 29-9-96 passed by the Special Tribunal No. 5, Kishoregonj in Special Tribunal Case No. 63 of 1995, arising out of GR Case No. 439(2) and Bhairab Police Station Case No. 5(4)95 dated 17-4-95, convicting accused appellant Kashem under section 19(A)(f) of the Arms Act and sentencing him thereu......the learned Special Tribunal, Kishoregonj in Special Tribunal Case No. 63 of 1995 is affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)212. ..Category: Criminal Law | Date: | Hits: 37
State Vs. Moslem, 2002, 31 CLC (HCD)
....unishment befitting the crime so that Court reflects public abhorrence of crime. It is to be kept in view that it is the nature and gravity of crime and not the criminal which are germane in awarding conviction and imposing appropriate punishment. In the matter in hand, Judge, Nari-O-Shishu Nirjatan......eference No. 7 of 1999 for confirmation of Death Sentence imposed upon Moslem. Moslem also filed Appeal from Jail being Jail appeal No. 585 of 1999. Moslem shall be described hereinafter as condemned prisoner. 4. Mr. Md. Rasheduzzaman Bashunia, learned Advocate, had been appointed by the Office o..Category: Criminal Law | Date: | Hits: 82
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