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Shafiqul Islam (Md.) and others Vs. State, 2008, 37 CLC (HCD)

....hey misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 915.  .......440 of 2007, on furnishing bail bonds to the satisfaction of Chief Judicial Magistrate, Thakurgaon. The learned Session Judge, how­ever, will be at liberty to cancel their bail to take them into custody if they misuse the privilege of bail in any manner whatsoever. Office is directed to c..

Category: Criminal Law | Date: 19 Jun, 2008 | Hits: 2

Abdul Alim @ Chutta and another Vs. State, 2008, 37 CLC (HCD)

....ody if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 476. ......06 arising out of Madhabpur Police Station Case No.09 dated 09-05-2006. The learned Judge of the Court below, however, will be at liberty to cancel the bail of the petitioners and to take them into custody if they misuse the privilege of bail in any manner whatsoever. Office is directed to c..

Category: Criminal Law | Date: 13 May, 2008 | Hits: 9

Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

.... Consti­tution of People's Republic of Bangladesh. Rule was issued calling upon the respondents to show cause as to why the detenu M. A. Hashem son of late Abdul Aziz now detained in Dhaka Central Jail should not be brought before this Court so that this Court may sat­isfy itself that the said ......enu M. A. Hashem son of late Abdul Aziz now detained in Dhaka Central Jail should not be brought before this Court so that this Court may sat­isfy itself that the said detenu is not being held in custody without lawful authority or in an unlawful manner and/or such other or fur­ther order or o..

Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10

Al Haj A.B.M. Mohiuddin Chowdhury Vs. State, 2007, 36 CLC (HCD)

....of late Al-haj Hossain Ahmed Chowdhury be enlarged on bail to the satisfaction of the Chief Metropolitan Magistrate, Chittagong. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 23. ......mergency Powers Rules. 3. It is further stated in the forwarding report the accused petitioner was handed over to police on 8.3.2007 at 8.45 and upon interrogation he was arrested and taken into custody on suspicion that he committed cognizable offence. The accused petitioner was forwarded to c..

Category: Criminal Law | Date: 2 Dec, 2007 | Hits: 3

Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)

....s the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 209.    .......e. 360 days, for conclud­ing trial of a criminal case under section 339C (4) of the Code of Criminal Procedure. When the trial of a case cannot be con­cluded within 360 days, the accused, if in custody, should be released on bail even in a case on non-bailable offence unless there is any spec..

Category: Criminal Law | Date: 26 Sep, 2007 | Hits: 7

Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)

....e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ......red on 10-8-1993 at 7-00/7-30 PM the room of wife of informant named Monowara with bad intention to destroy her modesty; that on her cry, Saidur Rahman went there and caught Aza and detained him in custody; that hearing this matter the accused appellants who are the relatives of Aza being armed w..

Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9

State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)

.... August 15, 2007. Result: The Criminal Appeal No.887 of 2004 is allowed with rejection of Death Reference No.33 of 204. The Criminal Miscellaneous Case No.1195 of 2005 is made absolute. Jail Appeal Nos.313 of 2004 and 172 of 2005 are disposed of. Lawyers Involved: Yusuf Hossain H...... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ..

Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26

State Vs. Saidul and others, 2007, 36 CLC (HCD)

.... abscondence alone cannot be the ground for his conviction……………………………(45) Result: The Death Reference is rejected. The Criminal Appeal No.4235 of 2003 and the Jail Appeal No.143 of 2004 are dismissed. Cases Referred to- Nurjahan Begum Vs. State, 42......n recorded against the accused-appellants is sustainable in law, then their neck may be saved by commuting the death sen­tence to imprisonment for life keeping in view their tender age and prolonged custody in the condemned cell. 12. Initially, Mr. Md. Khalilur Rahman Bhuiyan, the learned Stat..

Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25

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

....302/34 of the Penal Code, now pending in the Court of Magistrate, 1st Class, Narsingdi. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 66. ......On going through the FIR, it appears to us that the nature of suspicion so far it relates to the accused petitioners as attributed in the FIR is not free from doubt. The accused petitioners are in custody since 31.08.2006 and 23.09.2006 and it is not known how long it will take the police to inv..

Category: Criminal Law | Date: 17 Jul, 2007 | Hits: 3

State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)

....f 2003).  Death Reference No.73 of 2003 with Criminal Appeal No.2400 of 2003 with Criminal Appeal No.2448 of 2003 with Criminal Appeal No.2429 of 2003 with Criminal Appeal No.2406 of 2003 and Jail Appeal No.845 of 2003. Judgment Sheikh Abdul Awal J.-This Death Reference under section ......dio cassette does not carry any legal value in the eye of law. Moreover, the statement of Kala Palash as recorded in Audio Cassette is product of inhuman torture, threat and coercion under the police custody. The learned Advocate further submits that in this case the blood stained earth, wearing clo..

Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20

Ful Miah & others Vs. State, 2007, 36 CLC (HCD)

.... ......s to rigorous imprisonment for 7(seven) years. We have also noticed that the accused appellants and the petitioner were apprehended on the spot on 16.3.1999. They had undergone considerable period in custody proceeding to their conviction and sentence. Some of them have been enlarged on bail subsequ..

Category: Criminal Law | Date: 25 Jan, 2007 | Hits: 26

State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)

....llip;………………………….Condemned-Prisoner Judgment October 19, 2006. Result: The Death reference is rejected and the Jail Appeal is al­lowed. Cases Referred to- Gourango Kumar Shaha Vs. State, 2 BLC (AD)......the case of Abdul Motleb Howlader Vs. The State. reported in 5 MLR (AD) 362, (which was a case under Nari-O-Shishu Nirjaton Damon Ain, 2000) it was held that when the wife met with death remaining in custody of her husband, it is husband to explain how his wife met with such death. So in this case, ..

Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6

State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)

....ahid Javed Gaira @ Garib Miah and others……………………………Opposite Parties Judgment August 29, 2006. Result: The Death Reference No.119 of 2004 is accepted in part. The Jail appeal No.923 of 2004 is dismissed. Jail Appeal No.922 of 2004 is abated. Criminal Appeal...... delivery of judgment the learned Deputy Attorney General and Assistant Attorney General appearing on behalf of the State have confirmed that condemned prisoner Ismail Mollah alias Galu died while in custody on 10.3.2006, which has also been confirmed by a letter from the Senior Jail Superintendent,..

Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31

Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)

....ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ...... are actually C & F Agents having license no Indian Border is situated within 25 Kilometer from the place of arrest of the accused and recovery of money and the money was carried and kept in safe custody for running day to day business as C & F Agent. No offence of smuggling has been made ou..

Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21

Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....te a copy of the judgment and order at once to the concerned authority for information and necessary action in accor­dance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ......r alia, that writ petition has been filed malafide as the same has been filed at the instance of the political rivals of the respondent No.4. It is stated that the respondent No.4 surrendered to jail custody on 20-11-2000 and his Petition for Leave to Appeal was heard on 21st, 22nd and 23rd November..

Category: Criminal Law | Date: 25 May, 2006 | Hits: 43

Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)

....aharashtra Vs. P.K. Pathak, AIR 1980 S.C. 1224; State of Punjub Vs. Balbir Singh, AIR 1994 S.C. 1872. Lawyers Involved: Golam Mohammad Chowdhury, Deputy Attorney-General-For the State. Jail Appeal No.189 of 2005. Judgment S.K. Sinha J.-Convict Rabiya Khatun preferred this a......appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ..

Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10

Ershadul Vs. State, 2006, 35 CLC (HCD)

....ith any other case. Send down the lower courts records along with a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 490. ......getting the phensidyle, he informed the police and the said phensidyles were seized. 9. P.W.2 Golam Zakaria deposed that the police came and recovered the phensidyle and took the appellant in to custody. 10. P.W.3 deposed that he saw 8 bottles of phensidyle and a boy was taken to police cu..

Category: Criminal Law | Date: 6 Apr, 2006 | Hits: 5

State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)

....€¦â€¦..Respondent Vs. Maku Rabi Das…………………….Condemned-Prisoners Judgment November 21, 2005. Result: The death reference is accepted. Jail appeal stands dismissed.  Cases Referred to- Yusuf Sk Vs. Appellate Tribunal, 29...... on 31-10-2001 at the showing of the accused and on the basis of such confession. Therefore, the aforesaid discovery of weapon in consequence of information received from the accused, while he was in custody of police officer, is relevant and admissible fact, which may be admitted in evidence. There..

Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82

Jabbar and others Vs. State, 2005, 34 CLC (HCD)

....d down the lower Court's records at once with a copy of this judgment, for in­formation and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29.  ...... (informant) lodged First Information Report, Ext. 1, which was written on the basis of his verbal statement. The daroga came to the place of occurrence, seized a meat safe and left the same in his custody under a jimmanama, Ext. 2. In cross-examination he admitted that P.W.8 Safer Ali and his br..

Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3

Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)

....ar and others, 1925 Madras 497; Nurul Huq and others Vs. State, 1982 BCR 332; Niamatullah Vs. State, Criminal Appeal No. 20 of 1975, 1976 PLD SC 629; Paran Chandra Baroi-Appellant Vs. State, Criminal Jail Appeal No.210 of 1980, 1982 BCR 292; ­R Vs. Hodge, (1838) 2 Lewin 227: 168 ER 1136; Shamsud...... against the accused beyond all shadow of doubt but in the case of death of wife in the house of the husband when the husband had been with wife or, to put it differently, the wife had been under the custody of the husband, husband is under an obligation to account for the cause of death of his wife..

Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7