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Noor Alam Hossain Vs. State and others, 2006, 35 CLC (HCD)

....e him preferably within three months from the date of receipt of the judgment. Let a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 322. ......sdiction, and may take sufficient security for the appearance of the accused before such Magistrate or if the alleged offence is non-bailable may, if it thinks necessary so to do, send the accused in custody to such Magistrate, and may bind over any person to appear and give evidence before such Mag..

Category: Criminal Law | Date: | Hits: 40

Naimuddin and another Vs. State, 2007, 36 CLC (HCD)

.... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ......s by alluring them in the name of jobs in garments and in business. The convicted appellants detained by BDR could not furnish satis­factory explanation as to women and children recovered from their custody. On search of body of the convicted appellants BDR recovered some papers of India enclosed t..

Category: Criminal Law | Date: | Hits: 84

Mokbul Hossain Vs. Government of Bangladesh & ors., 2002, 31 CLC (HCD)

....tition 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 o..

Category: Criminal Law | Date: | Hits: 34

Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)

..... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ......order or orders it thinks appropriate in the interest of justice. 32. In the light of the decision referred above passed by the Appellate Division and since in the present case the appellant is in custody for long time and he has faced the full trial since 1997 and before that this case was pendi..

Category: Criminal Law | Date: | Hits: 38

State Vs. Shahin and others, 2009, 38 CLC (AD)

....e are directed against the judgment and order dated 12.8.2008 of the High Court Division passed Death Reference No.46 of 2004 heard analogously with Criminal Appeal Nos. 977, 978 and 979 of 2004 with Jail Appeal Nos.338 and 395 of 2004 which were directed against the judgment and order dated 30.3.20......cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ..

Category: Criminal Law | Date: | Hits: 33

Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)

...., District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ......e the Magistrate more than 2 (two) days after their arrest. In the said case it has been held that: “A combined reading of sections 61 and 167 Cr.P.C. shows that an accused cannot be detained in custody of the police for a longer period than under all the circumstances of the case is reasonable..

Category: Criminal Law | Date: | Hits: 83

State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)

....eneral‑ For the State. SS Sarker Advocate‑ For the Condemned Prisoner. Md. Khurshid Alam Khan with Bulbul Rabeya Banu, Advocates‑ For the Appellant. Death Reference No. 30 of 1999 with Jail Appeal No. 3235 of 1999 and Criminal Appeal Nos. 2428, 2198 of 1999. Judgment Md. Abdul M......PM from Dulauri Hut and took him to the Police Station and on 20‑8‑94 he took him to the Magistrate. He further admitted that from 18‑8‑94 to 20‑8‑94 accused Moksed Ali remained in police custody. He further admitted that accused Shahadat, Hossain was arrested on 20‑11‑94 from Nandip..

Category: Criminal Law | Date: | Hits: 38

Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)

....n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ......ailable in the instant legislation? We are not oblivious of the position that an on-going drive against corruption is being carried out by the interim Government and the suspects are being taken into custody with measures for speedy trial with restrictions imposed in the process of their bail with a..

Category: Criminal Law | Date: | Hits: 50

Mohammad Ullah (Driver) Vs. State, 2007, 36 CLC (HCD)

....oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ......tions of the witnesses annexed as annexure C series it appears none of the witnesses say a single word mentioning the name of the accused petitioner. It also appears that the accused petitioner is in custody from 31-5-2005 and he preferred the appeal from jail. In such situation his appeal from jail..

Category: Criminal Law | Date: | Hits: 36

Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)

....Advocate—For the Appellant (In Criminal Appeal No. 1752 of 1997). Saifuddin Md. Aminur Rahim, Deputy Attorney-General—For the State-Respondent. Criminal Appeal No. 1752 of 1997 with Jail Appeal No. 926 of 1996 Judgment SK Sinha J.- These appeals arise from a judgment ......aking the confession. He has filled up all the columns except that of column No. 9, The appellant was given time for reflection. He was produced in the chamber at 10-00 AM and he was sent to the jail custody at 1­30 PM. In view of the above, we are satisfied that due to lack of knowledge or inadver..

Category: Criminal Law | Date: | Hits: 38

Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)

.... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ......f any harm were to be caused to the film actor it would lead to problems between two linguistic communities. The application was filed to facilitate ultimately in release of the accused from judicial custody so as to meet the demand of the abductor. The arrangement was that once TADA charges were wi..

Category: Criminal Law | Date: | Hits: 43

State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)

....istant Attorney General and Md. Latifur Rahman - For the State. Muhammad Abdul Hoque - For the condemned prisoners. Death Reference No.2 of 1985 with Criminal Appeal No. 109 of 1985 and Jail Appeal No. 108 of 1985. Judgment Syed Fazle Ahmed J.- Appellants Mizanul Islam alias Dab......te­ment entirely voluntary without compulsion from any quarter. Sufficient time was given to the appel­lant Dablu to reflect and assurance was given to him that he would not be given back to police custody rather ho would be sent to judicial lock up. The con­fessional statement of appellant Dablu..

Category: Criminal Law | Date: | Hits: 61

Shahidul Islam (Md) alias HM Shahid Vs. State, 2003, 32 CLC (HCD)

.... Judgment August 3, 2003. Case referred to- Safdar Ali vs. Crown 5 DLR (FC) 64. Lawyers Involved: Masood R Sobban, Advocate-For the Appellant. Not represented- the Respondent. Jail Appeal No. 368 of 2002. Judgment Md. Joynul Abedin J.- This Jail Appeal by the accused ap......used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35...

Category: Criminal Law | Date: | Hits: 43

Nannu Mia @ Habibur Rahman Vs. State, 2002, 31 CLC (HCD)

.... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ......He further disclosed that the aforesaid Indian Phensidyl was brought for Mahadev Babu of Panch Dona Bazar. Thereafter, a seizure list was made in presence of the witnesses and the man was taken in to custody. Police case being Narshingdi PS Case No. 61 dated 31‑7‑1998 under section 25B(2) of the..

Category: Criminal Law | Date: | Hits: 43

State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)

.... Md. Abdul Jabbar, Advocate—For the Condemned Prisoner-Appellant. Dr. Shahdeen Malik, Advocate—Amicus Curiae. Reference No. 5 of 2004 with Criminal Appeal No. 90 of 2004 and Jail Appeal No. 577 of 2004. Judgment Md. Imman Ali J.- This Reference under section 374 of th......sed given when examined under section 342 of the Code of Criminal Procedure, 1898 ("the Code") the defence case appears to be one of innocence. The accused also alleged that he was tortured in police custody and compelled to make a confession. 5. Evidence in the case. Sree Boloye Kumar Saha, d..

Category: Criminal Law | Date: | Hits: 167

Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)

.... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30.......mmit him to jail to serve out the remaining part of the sentence. In view of the provisions laid down in section 35A(1) of the Code of Criminal Procedure, the total period the appellants have been in custody before pronounce­ment of judgment by the trial Court in connection with this offence shall ..

Category: Criminal Law | Date: | Hits: 44

Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)

....ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ......Nirjatan Daman Tribunal No. 1, Barguna after taking cognisance of the offence shall take step for trial in accordance with law. In view of the fact that this is a very old case and the accused are in custody, it is absolutely necessary in the interest of justice that it be disposed of with utmost ex..

Category: Criminal Law | Date: | Hits: 33

Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)

....t any torture or inducement to make the confession and thus the Magistrate (PW 11) opined that the confession was voluntary and true. After the confession the accused-appellant was sent to Narail Sub-Jail. It is also found that the confession (Exhibit 3) was specially brought to the notice of convic......long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ..

Category: Criminal Law | Date: | Hits: 45

Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)

....¦¿à¦®à¦•ে নিরাপদ হেফাজতে রাখার আবেদন আছে ।" 24. Accordingly, on 30-1-1995 we find that the victim was brought before the Magistrate from Jail hajat and not directly from the police and from another order dated 30-1-1995 signed by the lea...... victim was 18 years old and the girl herself also gave to understand that she was major and, as such, was at liberty to conduct her own marriage but subsequently when she was taken into her father's custody she was brain washed and made to give a reverse picture by way of her statement before the M..

Category: Criminal Law | Date: | Hits: 40

Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)

....solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ......solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ..

Category: Criminal Law | Date: | Hits: 31