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State Vs. Md. Shahid Bepari @ Shahidullah and others, 2009, 38 CLC (AD)
....is directed against the judgment and order dated 13.01.2009 passed by the High Court Division in Criminal Appeal No.416 of 2005 allowing appeal in part after setting aside the judgment and order of conviction and sentence dated 17.01.2005 passed by the learned Additional Sessions Judge, 3rd Court,......nce on record and call for no interference by this Court. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 353. ..Category: Criminal Law | Date: | Hits: 294
Anti Corruption Commission Vs. Barrister Mohammad Shahjahan Omar and another, 2009, 38 CLC (AD)
....0 of 2008 issuing Rule with stay and subsequent extension dated 08.04.2009. 2. The facts, in short, are that the respondent No.1 filed an application for quashing the judgment and order of conviction and sentence dated 14.05.2008 passed by the learned Special Judge, Court No.9, Dhaka in S......ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ..Category: Others | Date: | Hits: 106
....nd for which he is, under any law relating to extradition under the Fugitive Offenders Act, 1881, or Otherwise, liable to be apprehended or detained in custody in Bangladesh;
eightly, any released convict Committing a breach Of any rule made under section 565, sub‑section (3);
ninthly, any p......the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
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Category: Constitutional Law | Date: | Hits: 137
Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)
....sixty) working days from the receipt of the records arising out of judgment and order of conviction and sentence dated 29.06.2004 passed by the learned Additional Sessions Judge, 7th Court, Dhaka convicting the petitioner under sections 302/201/34 of the Penal Code and sentencing him to death by......th by hanging in Sessions Case No. 329 of 2002 arising out of Savar Thana Case No. 62(4)2001 corresponding to G.R. No. 396 of 2001. 2. The facts, in short, are that on 25.04.2001 the condemned prisoner-petitioner Sohel came to Savar P.S. and lodged a written allegation that the co-accuseds ..Category: Others | Date: | Hits: 83
Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)
....e High Court Division is allowed entertain the writ petition on behalf of a fugitive from justice, ignoring the long settled principles being followed by the courts, the fugitives from justice either convicted or not will be emboldened and despite processes have been issued, they will defy the proce......disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ..Category: Anti-Corruption Laws | Date: | Hits: 211
State Vs. Chandan Ali and others, 2009, 38 CLC (AD)
.... accused-Respondents from the charge leveled against them arising out of sessions Case No. 21 of 1997 corresponding to GR. No. 105 of 1995 (Mohammadpur police Station Case No. 1 dated 01-10-1995), convicting the accused-Respondents and another under Sections 302/34 of the penal Code and sen......sed by the learned Deputy Attorney General for the petitioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 988. ..Category: Criminal Law | Date: | Hits: 68
Arif Hossain @ Shuvro Vs. State, 2009, 38 CLC (AD)
....ision in Criminal Appeal No.821 of 2006 analogously with Criminal Appeal No.992 of 2006 and disposing of the same by a common judgment dismissing the appeal and upholding the judgment and order of conviction and sentence dated 26.02.2006 passed by the learned Judge of Metropolitan Special Tribun......bmissions made by the learned Counsel for the petitioner do not merit consideration. Leave petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 895. ..Category: Criminal Law | Date: | Hits: 120
Jahedul Islam @ Jabed Vs. State, 2009, 38 CLC (AD)
....e petition is directed against the judgment and order dated 24.09.2007 passed by a Division Bench of the High Court Division in Criminal Appeal No. 3973 of 2003 dismissing the appeal affirming the conviction and sentence passed in Special Tribunal Case No. 100 of 2000 by the Special Tribuna......gment and order and thus there is no merit in the application. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 883. ..Category: Criminal Law | Date: | Hits: 155
State Vs. Muhammad Faridul Mollah, 2008, 37 CLC (AD)
....nbsp; Special Tribunal No. 3, Satkhira being Special Tribunal Case No. 123 of 2001 under section 19(a) and (f) of the Arms Act and also under section 25B of the Special Powers Act, 1974 convicting the accused Muhammad Nuruzzaman Gazi and Muhammad Faridul Mollah under section 19(......pon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 807. ..Category: Criminal Law | Date: | Hits: 45
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....r (Retd.) A.K.M. Mohiuddin Ahmed (Lancer), hereinafter referred to as Bazlul Huda, Farooque Rahman, Sultan Shahriar, Mohiuddin (Artillery) and Mohiuddin (Lancer), against the judgment and order of conviction and sentence dated 30.04.2001 passed by the High Court Division in Death Reference No.30......udgment and order shall follow such opinion; in the present appeals the third learned judge, exercising his discretion, passed order dated 6.2.2001 holding that “the case of above 9 condemned prisoners over whom the learned Judges not being divided in opinion are not contemplated to be hear..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
....of the P.Ws. it will also be evident that the appellants had no common intention or preconcert mind of their being involved in the murder of the President and his family members and therefore, the conviction of the appellants under section 302/34 was illegal. 195. Mr. Abdur Rezzaque Khan...... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....fore which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ......ions at the instance of Major Bazlul Huda, Lt. Col. (Retd) Syed Farook Rahman and Lt. Col. (Retd) Sultan Shahriar Rashid Khan by order dated 06.02.2001 rightly opined that the cases of 9 condemned prisoners were not contemplated to be heard and decided to hear the cases of the 6(six) condemned p..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....zed the cases into two broad groups. Firstly, where there is difference of opinion in respect of all the accuseds i.e. where first learned Judge acquitted all accuseds and the second learned Judge convicted all, and secondly, when there is difference of opinion either on evidence or points of la......fore another Judge is the “case” and, secondly, what the judgment or order follows is the opinion delivered by such Judge. I am not now concerned with the question of the trial of two prisoners with regard to one of whom the Judges composing the Court of Appeal may be agreed in the..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... me, I have done blunder, I have murdered my wife and children.” 746. Now the question is whether this extra judicial confession deposed by the witness can be the sole basis for conviction of the accused. The Supreme Court of India considered case of Sahoo (supra) and other de...... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ..Category: Criminal Law | Date: | Hits: 291
State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)
....l are directed against the judgment and order dated 30.01.2008 passed by the High Court Division in Death Reference No.58 of 2003 heard with Criminal Appeal Nos.1761 and 2086 of 2003 acquitting the convict appellants namely Shahidur Rahman alias Shahid and Tonai Mollah. 3. All the petition......d Wali Mohammad, Shahin and Din Islam alias Dina of the charges brought against them. Challenging the legality and propriety of that judgment and order of conviction and sentence condemned prisoner Shahidur Rahman alias Shahid preferred Criminal Appeal No.1761 of 2003 and Jail Appeal No...Category: Criminal Law | Date: | Hits: 63
Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)
....2007 High Court Division modifying the Judgment and order dated 06.07.2004 passed by the passed in Death Reference No. 99 of 2004 with Criminal Appeal No. 2413 of 2004 and Jail Appeal No. 738 of 2004 convicting the petitioner to suffer imprisonment for life passed by the learned Additional Sessions ......on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709...Category: Criminal Law | Date: | Hits: 60
State Vs. Lal Miah@ Abdul Bari, 2009, 38 CLC (AD)
.... Judge imposed a fine of Tk.100000/- (One lac) to the appellant Md. Abdur Razzak @ Raju, in default, to suffer rigorous imprisonment for 5 (five) years and Tk. 5000/- (Five thousand) each on other convict-appellants, in default, to suffer rigorous imprisonment for one year more. 12. Bein......iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ..Category: Criminal Law | Date: | Hits: 53
State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)
.... High Court Division in Criminal Appeal No. 1383 of 2000 with Death Reference No.11 of 2000 rejecting the death reference and allowing the appeal and acquitting the condemned prisoner Abul Kashem and convict petitioner, Anowar Hossain Pinto of the charge levelled against them. 2. Prosecution case...... 25-10-2003 passed by the High Court Division in Criminal Appeal No. 1383 of 2000 with Death Reference No.11 of 2000 rejecting the death reference and allowing the appeal and acquitting the condemned prisoner Abul Kashem and convict petitioner, Anowar Hossain Pinto of the charge levelled against the..Category: Criminal Law | Date: | Hits: 53
Joynal Abedin and others Vs. State, 2008, 37 CLC (AD)
....ssed by the learned Additional Sessions Judge, Gaibandha in Sessions Cases No.27 of 1997 arising out of Sundarganj Police Station Case No.(1395) 1997 corresponding to G.R. Case No.475 of 1997 convicting the convict-appellant-Petitioners under Section 302/34 of the Penal Code and sentencing ......elow and this Court. In view of the above, we do not find any substance in the application which is, accordingly, dismissed. Ed. This Case is also Reported in: VI ADC (2009) 629. ..Category: Criminal Law | Date: | Hits: 47
Md. Mirajul Shaikh Vs. State, 2009, 38 CLC (AD)
....l of the petitioner and affirming the sentence of death passed by the learned Judge, Nari-O-Shishu Nirjatan Tribunal; Faridpur, on 06.07.2000 in Nari-O-Shishu Nirjatan Tribunal Case No. 67 of 2003 convicting the petitioner under Section 11(ka) / 4(1) of the Nari-O-Shishu Nirjatan Daman Ain, 2000......n ejahar with the Officer-in-Charge, Kotwali Police Station, Faridpur, alleging, inter alia, that 21 days before the occurrence his sister, Sefali Begum was given in marriage to the condemned-prisoner and at the State the time of marriage a cash sum of Tk. 20,000/-(twenty thousand) along wi..Category: Criminal Law | Date: | Hits: 96
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