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Wilfredo M. Resales and another Vs. State, 2003, 32 CLC (AD)

.... 1997 dis­missing the same. The Jail Appeal was filed against the judgment and order dated June 24, 1997 in special Tribunal Case No.137 of 1994 passed by the Special Tribunal No. 3, Chittagong convicting the petitioners under Section 25B (1) of the Special Powers Act, 1974 and sentencing th....... In view of the discussions made hereinabove there is no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 369. ..

Category: Criminal Law | Date: | Hits: 61

Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)

....eal 2023 of 1999.) Judgment                  Syed JR Mudassir Husain J. - This Jail petition is filed by convict-petition, Abdur Rahim Chowdhury against the judgment and order dated 26th October, 2002 pa...... No.17 of 1999 with Jail Appeal No. 2023 of 1999 accepting the reference and dismissing the jail appeal. 2. The briefly stated facts for disposal of the Jail-petition are that the condemned-prisoner have been convicted under Section 302 of the penal Code and sentenced him hereunder to Suf..

Category: Criminal Law | Date: | Hits: 55

Alaluddin Vs. State, 2003, 32 CLC (AD)

....t the judgment and order dated 8.3.2003 passed by the High Court Division accepting the death Reference Case No. 02 of 2000 and dismissing Jail Appeal No. 544 of 2000 and thereby affirm­ing the conviction and sentence passed by the learned Additional Session Judge, 4th Court Rajshahi, on 26.......along with Jail Appeal No. 544 of 2000). Judgment                  Md. Tafazzul Islam J.- The condemned prisoner Alaluddin, the petitioner in this jail petition, filed this petition from jail against the..

Category: Criminal Law | Date: | Hits: 36

Tafazzal Hossain Shajahan Vs. State, 2003, 32 CLC (AD)

.... Judge, Dhaka and Special Tribunal No.5, Dhaka, passed in Special Tribunal Case No. 559 of 1992 (arising from G.R. Case No. 452 of 1992, registered in connection with Mirpur P.S. Case No. 58(2)792) convicting the appellant and another under sec­tion 19 (a) and (f) of the Arms Act and sentenc&...... reducing the sentence to the period already under gone. The appellant be set at lib­erty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ..

Category: Criminal Law | Date: | Hits: 41

Md. Fazar Ali Vs. State, 2003, 32 CLC (AD)

....dismissing the same. The appeal was filed against the judgment and order dated November 15, 1995 of the Court of Divisional Special Judge, Rajshahi Division, Rajshahi, in Special Case No.8 of 1992 convicting the appellant under section 409/109 of the Penal Code and sentencing him to suffer 4 yea...... In the background of the discussions made hereinabove we find merit in the appeals. Accordingly the appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 264. ..

Category: Criminal Law | Date: | Hits: 49

State Vs. Md.Tuku Biswas, 2002, 31 CLC (AD)

....mant P.W.1 Babu Mia lodged First information Report with P.S. Shalika, District Magura on 2.10.1986 at 12-30 P.M. Police upon investigation submitted charge sheet against 12 accused out of whom two convicts accused Tuku Biswas and Fashiur Rahman Mola remained absconding at the time of trial. Upon......s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ..

Category: Criminal Law | Date: | Hits: 49

Arun Karmakar Vs. State, 2002, 31 CLC (AD)

....n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ......ght  up before the Court to be dealt with according to law; (b) that a person illegally or improperly detained in public or private custody within such limits be set at liberty; (c) that a prisoner detained in any jail situate within such limits be brought before  the Court to be the..

Category: Criminal Law | Date: | Hits: 34

Md. Khoka Mollah Vs. State, 2002, 31 CLC (AD)

....te..............................Respondent Judgment May 20, 2002. Result: The appeal is dismissed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A When a conviction and sentence is passed against a particular accused by the Special Tribunal upon consider......asons and discussions made above, we find no merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ..

Category: Criminal Law | Date: | Hits: 47

Md. Laisur Rahman Vs. Most. Nayma Ara Begum and another, 2003, 32 CLC (AD)

....ision No.1512 of 1992) Judgment                   Md. Ruhul Amin J.- The appeal, by leave, is by the convict against the judgment and order dated July 21, 1994 of a Single Bench of the High Court Divi......eal is allowed on modi­fication of substantive sentence to the period already under gone, but the sentence of fine is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 25. ..

Category: Criminal Law | Date: | Hits: 35

Md. Dawad Ali Sardar Vs. Kazi Mujibar Rahman & others, 2008, 37 CLC (AD)

....d falsely out of grudge and enmity over the union parishad election and land dispute. 4. The case was tried by the learned Additional District Magistrate, Satkhira and by judgment 04.06.1995 convicted the accused petitioner. Being aggrieved, he pre­ferred Criminal Appeal No. 28 of 199......tion 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 260. ..

Category: Criminal Law | Date: | Hits: 38

Misir Ali and another Vs. State, 2007, 36 CLC (AD)

.... for leave to appeal is directed against the judgment and order dated 19.11.2003 passed by the High Court Division dismissing the Criminal Appeal No.878 of 1994 upholding the judgment and order of conviction and sentence dated 25.06.1994 passed by learned Sessions Judge and Special Tribunal. Hob......shy;ment of the High Court Division calling for interference by this Court. In the result, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 258. ..

Category: Criminal Law | Date: | Hits: 36

State Vs. Nantu Biswas and others, 2008, 37 CLC (AD)

....ccurrence and on seeing them accused persons filed away. Thereafter F.I.R. was lodged. Respondent along with others were placed on trial. The learned Additional Sessions Judge found them guilty and convicted and sentenced them as aforesaid. The convict then preferred Criminal Appeal No. 343 of 19......ia are found guilty under Sections 302/34 B.P.C and they are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ..

Category: Criminal Law | Date: | Hits: 84

State Vs. Abdul Kashem Member and others, 2008, 37 CLC (AD)

....458 of 1998 allowing the appeal and thereby setting aside the judgment and order dated 14-06-1998 passed by the learned Additional Sessions Judge, 2nd Court, Comilla in Sessions Case No.35 of 1991 convicting the appellants 1. Abdul Kashem Member, 2. Abdur Rab, 3. Joynul Abedin, 4. Mostafa and ab......arity and as such the same deserves no interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 88. ..

Category: Procedural Law | Date: | Hits: 79

Dulal Mridha Vs. State, 2008, 37 CLC (AD)

.... Judgment               Md. Ruhul Amin CJ. - This is an appeal which has been allowed in part by majority judgment. The conviction has been maintained, but sentence of Death has been commuted to imprisonment for life. Th......ppeal was granted to consider the contention that deposition of P.W.4 although was cor­roborated by other P.Ws, but contradic­tory to the postmortem report and that the case against condemned prisoner was not proved beyond reasonable doubt. The other ground for considera­tion was that th..

Category: Criminal Law | Date: | Hits: 62

Shabul Miah Vs. State, 2008, 37 CLC (AD)

....il by filing this petition challenging the judgment and order dated 20.5.2007 passed by the  High  Court Division dismissing Jail Appeal No.738 of 2003 with modification of sentence of co-convict and accepting the Death Reference in part i.e. in respect of only the petitioner herein. ......bsp;                        Md. Tafazzul Islam J.- The petitioner, the condemned-prisoner, seeks    leave to appeal from jail by filing this petition challenging the..

Category: Criminal Law | Date: | Hits: 39

State Vs. Nurul Amin, 2006, 35 CLC (AD)

....port of the charge while none was examined on behalf of the defence. The case of the defence is that of innocence. 6. The learned Divisional Special Judge by the judgment and order dated 23-7-1994 convicted the accused respondent under section 409 of the Penal Code read with section 5(2) of the P......ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ..

Category: Anti-Corruption Laws | Date: | Hits: 173

Anti-Corruption Commi­ssion and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)

.... was not a fugitive while moving the High Court Division under Article 102(2) of the Constitution. 7. It is pertinent and would not be out of con­text to mention that when an alleged accused or a convict by a duly constituted Court or a Court of competent jurisdiction gets himself temporarily re...... We fully subscribe to this view and reiter­ate that the attorneys and members of the bar will bear in mind the serious consequence of committing contempt of this Court in moving on behalf of a prisoner who is a fugitive from law. The appeal filed by the Counsel on the basis of the power-of-a..

Category: Anti-Corruption Laws | Date: | Hits: 139

Karim Dad Sikder and another Vs. State, 2008, 37 CLC (AD)

...., place and in the manner as alleged but they have been falsely implicated in the case out of enmity and grudge. 8. Thereafter, the learned trial Court on the basis of the evidence on record convicted the present petitioners under Sections 302/34 of the Penal Code and sentenced each of the......hat the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 898. ..

Category: Criminal Law | Date: | Hits: 22

Shamim Beg @ Md. Shamim Beg Vs. State, 2007, 36 CLC (AD)

.... the deceased with VEDIO/V.C.P set to the house of the per­sons who used to hire his VIDEO set. The further case is that on 30.12.1995 the said Albert Shing let out VIDEO set to one Shamim Beg (convict-appellant) and sent the deceased along with the VIDEO set to the house of the convict-appel......nd as such there is no cogent reason to inter­fere with the judgment of the said Division. The appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 718. ..

Category: Criminal Law | Date: | Hits: 47

Bokkor alias Md. Bokkor Vs. State, 2008, 37 CLC (AD)

....ndemned prisoner Bokkor to death in Nari-O-Shishu Nirjatan Case No. 40 of 1998. Thereafter the Adalat made the above reference. Condemned-prisoner, Bokkor also pre­ferred an appeal against the conviction and sentence. These matters have beep-disposed of by the judgment and order dated 04-04-...... 2. The learned Judge of the Nari-O-Shishu Nirjatan Daman Bishesh Adalat, Natore hereinafter shall be referred to as Adalat by the judgment and order dated 28-02-2001 sentenced the condemned prisoner Bokkor to death in Nari-O-Shishu Nirjatan Case No. 40 of 1998. Thereafter the Adalat made ..

Category: Criminal Law | Date: | Hits: 32