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State Vs. Matiur Rahman, 2007, 36 CLC (AD)

....ays is condoned. 2. This petition for leave to appeal is directed against the judgment and order passed by the High Court Division on 4.4.2004 in Death Reference No. 20 of 2002 (heard with Jail Appeal No. 346 of 2002 and Criminal Appeal No. 1916 of 2002) rejecting the Death Reference No........ The learned counsel appearing for the state submitted that the condemned pris­oner having failed to explain as to how his wife, the victim, met her death in the night while she was under his custody and the prosecution having been able to prove their case beyond all reasonable doubts, the ..

Category: Criminal Law | Date: | Hits: 58

State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)

....r Leave to Appeal No. 181 of 2004. (From the judgment and order dated 11-04-2004 passed by the High Court Division in Death Reference No. 37 of 2001 with Criminal Appeal No. 3199 of 2001 and Jail Appeal No. 3331 of 2001). Judgment        &nbs...... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ..

Category: Criminal Law | Date: | Hits: 44

Md. Asgar Ali alias Asgar and others Vs. State, 2007, 36 CLC (AD)

....d reduced the sentence of the petitioners. There is nothing to inter­fere. The petition is, accordingly, dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 897. ......d reduced the sentence of the petitioners. There is nothing to inter­fere. The petition is, accordingly, dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 897. ..

Category: Criminal Law | Date: | Hits: 43

Md. Mainul Islam @ Md. Mainul Islam @ Moinul alias Suja and others Vs. State, 2006, 35 CLC (AD)

....h view of the matter we do not find any sub­stance in this petition. 11. The petition is accordingly dis­missed. Ed This Case is also Reported in: IV ADC (2007) 803. ......on to the accused convict Md. Zamir Ali, son of late Sharafat Ali, Vill-Mohammadpur, P.S.Kotwali, District-Sylhet and discontinuing the same to others stating that other respondents shall remain in custody. 4. The present petitioners again moved the High Court Division for bail. The High C..

Category: Criminal Law | Date: | Hits: 44

Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)

....lip;…………………………Respondent Judgment February 5, 2007. Lawyers involved: Sarwar Ahmed, Advocate-For the Jail Petitioner. Golam Kibria, Deputy Attorney General-for the State. Jail Petition No.......shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ..

Category: Criminal Law | Date: | Hits: 51

State Vs. Md. Humayun Hafiz , 2006, 35 CLC (AD)

.... In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 705. ......hin the time specified in the said sub­section, further investigation into of the case shall be stopped and that as per pro­vision of sub-section 7 of section 167 Cr. P.C. the accused if in custody shall be released forth with. The sum total of the submission of the learned Counsel of th..

Category: Criminal Law | Date: | Hits: 48

Paritosh Rudra Vs. State, 2007, 36 CLC (AD)

....san instructed by A.S.M. Khalequzzaman, Advocate-on-Record-For the Petitioner. Not represented-Respondent. Criminal Petition for Leave to Appeal No. 307 of 2004. with Jail Petition No. 02 of 2005. (From the judgment and order dated 18-07-2004 passed by the H......s no substance in this peti­tion for leave to appeal and accordingly, the petition for leave to appeal is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 702. ..

Category: Criminal Law | Date: | Hits: 43

State Vs. Md. Mukul alias Swapan, 2007, 36 CLC (AD)

.... Criminal Petition for Leave to Appeal No. 233 of 2005. (From the Judgment and Order dated July 18, 2004 and July 19, 2004 passed by the High Court Division in Death Reference No. 64 of 2002 with Jail Appeal No. 666 of 2002). Judgment Md. Ruhul Amin CJ. - This petition for leave to appe......by the prosecution. In that view of the matter we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 246. ..

Category: Criminal Law | Date: | Hits: 73

Mohammad Ali alias Shanu Vs. The State, 2007, 36 CLC (AD)

....od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ......ve the same against Pradip Kumar Das   beyond   all reasonable doubt. 16. As regards the sentence the learned Advocate submitted that the accused has been languishing in custody about a year before the trial had commenced. Under the provision of law the accused is ent..

Category: Criminal Law | Date: | Hits: 40

Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)

....e). Criminal Appeal No. 11 of 1989. (From the Judgment and Order dated 9.5.88 passed by the High Court Division, Chittagong Bench, in Death Reference No. 2/87 with Criminal Appeal No.122/87 and Jail Appeal No. 123 of 1987). Judgement Shahabuddin Ahmed CJ. - This appeal by special leave c......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ..

Category: Criminal Law | Date: | Hits: 74

State Vs. Mofizuddin and other, 2005, 34 CLC (AD)

....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......ed. The defence plea was that the confessional statement of Mafizuddin was neither voluntary nor true and the same was extracted by the police inhumanly torturing him keeping him in unlawful police custody. 3. The prosecution in this case examined 14 witnesses and the defendant did not exa..

Category: Criminal Law | Date: | Hits: 40

Abul Khair Vs. State, 2005, 34 CLC (AD)

....learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......on of appellant by judgment and order dated passed by the learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ..

Category: Criminal Law | Date: | Hits: 52

Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)

....he courts below have rightly convicted the appellant un­der section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......he courts below have rightly convicted the appellant un­der section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ..

Category: Criminal Law | Date: | Hits: 44

Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)

....ondent Judgment February 5, 2007 Lawyers Involved: Sarwar Ahmed, Advocate- For the Petitioner. Mrs. Fahima Nasrin, Deputy Attorney General-For the State. Jail Petition No. 20 of 2004 Judgment:         &nb......s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dis­missed. Ed. ..

Category: Criminal Law | Date: | Hits: 57

Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)

....s Referred To- Shah Alam vs State 1990 BLD (AD) 25 = 42 DLR (AD) 31. Lawyers Involved: Khalilur Rahman. Advocate instructed by ASM Khalequzzaman, Advocate-on-Record—For the Petitioners (In Jail Petition Nos. 7, 8 & 9 of 2006) Salahuddin, Advocate, instructed by ASM Khalequzzaman, A......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ..

Category: Criminal Law | Date: | Hits: 213

State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)

....Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......ions Judge, 2nd Court, Patuakhali under sections 302/34 of the Penal Code is restored. He must surrender to his bail bond at once failing which the Deputy Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. ..

Category: Criminal Law | Date: | Hits: 117

Abed Ali Vs. State, 1990, 19 CLC (AD)

....For the Re­spondent. Criminal Appeal No. 4 of 1989. (From the Judgment and Order dated 15 February, 1988 passed by the High Court Division, Rangpur Session in Death Reference No. 3 of 1986 and Jail Appeal No. 94 of 1986.) Judgment ATM Afzal J. -The accused-appellant has been sentenced t......ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ..

Category: Criminal Law | Date: | Hits: 65

State Vs. Md. Shahidul Islam @ H. M. Shahid, 2005, 34 CLC (AD)

....Petitioner Not Represented-Respondent. Criminal Petition for Leave to Appeal No. 207 of 2003. (From the Judgment and Order dated 03.08.2003 passed by the High Court Division in Jail Appeal No. 368 of 2003) Judgment:         &nbs...... In view of the discussion made above, we do not find any illegality in the impugned judg­ment and order. The petition having no substance is, therefore, dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 34

Ali Akbar® Abkar Dewan Vs. State, 2005, 34 CLC (AD)

....intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ......re being no material on record to support the conviction of the accused-petitioner under section 412 of the Penal Code as the accused had no knowledge that the 13 barrels of oil recovered from his custody were the subject matter of the dacoity and none of dacoits identified the accused to be in ..

Category: Criminal Law | Date: | Hits: 23

Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)

.... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accor­dance with Rules. Ed. ......nted and the High Court Division, by the same order dated 7.4.2003 directed the accused-respondent Md. Barkat (Boston) to surrender before the Chief Metropolitan Magistrate, Dhaka and to remain in custody till disposal of the Rule. The accused respondent without sur­rendering and without try..

Category: Criminal Law | Date: | Hits: 31