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Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)
....……….(7) Lawyers Involved: A B M Bayezid, Advocate—For the Appellant. A Rouf, Deputy Attorney General—For the State-Respondent. Jail Appeal No. 1 of 2006. (From the judgment and order dated 5-5-2004 passed by the High...... over to the condemned-prisoner due to his abscondence. The condemned-prisoner was however, examined under section 342 of the Code of Criminal Procedure, as he was in the meanwhile taken into custody, to which he pleaded innocence and demanded trial. 4. The learned Sessions Judge, ..Category: Criminal Law | Date: | Hits: 71
Mizanur Rahman alias Mithu and anothÂer Vs. State, 2006, 35 CLC (AD)
....espondent Criminal Petition for Leave to Appeal No. 194 of 2003 (From the Judgment and Order dated 30.04.2003 passed by the High Court Division in Death Reference No. 22 of 2000 with Jail Appeal No. 1635 of 2000 and Criminal Appeal No. 1243 of 2000) Judgement: &......granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Criminal Law | Date: | Hits: 48
Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)
....te Division (Criminal) Present: Md. Rahul Amin J Syed J R. Modassir Hossain J Abu Sayeed Ahammed J Mona alias Zillur Rahman.........Convict Appellant (In Jail) vs The State…………………..Respondent......satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 43
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......of torture by the police paralyzing the appellant petitioners power of writing and therefore not voluntary, which is evident from the evidence of P.W.17, the Magistrate that after remand to police custody on 17.3.1991 the appellant was produced on 23.03.1991 and on refusal to make confession he ..Category: Criminal Law | Date: | Hits: 53
State Vs. Omar Ahmed, 2008, 37 CLC (AD)
....further case of the prosecution is that the victim had long standing enmity with the respondent, proprietor of 'Omar and Sons' Bazar Road. Barisal over the contract business of Barisal Central Jail. 3. The police on completion of investigation submitted charge sheet under section...... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ..Category: Criminal Law | Date: | Hits: 41
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....inal Appeal No. 10 of 2005. (From the Judgment and Order dated April 18, 2004 passed by the High Court Division in Death Reference No. 35 of 2002 heard along with Criminal Appeal No. 2990 of 2002, Jail Appeal Nos. 490 of 2002 and 493 of 2002). Judgment Md. Ruhul Amin CJ. - This appeal, by ......confession was made by the appreÂhended accused person being not put to threat, intimidation or torture and that said extra-judicial confession was not made in the presence of the police or while in custody of police. It may be mentioned that except in an exceptional ease the extra judicial confess..Category: Criminal Law | Date: | Hits: 63
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
....sain be released on bail to the satisfaction of the Deputy Commissioner conÂcerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......d by the Assistant Sessions Judge fixing 11.8.87 for trial. He has expressed an apprehension that the trial may be further delayed for one reason or the other and the appellants will suffer prolonged custody. In the facts and circumstances of the case we think that it will not be unreasonable to all..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..Category: Criminal Law | Date: | Hits: 95
Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ...... in fact they were taken to the house of P.W.18 Kamrunnahar @ Morzina Begum, a relation of accused Liakat Ali. The further case of the prosecution is that these two minor boys were confined in the custody of accused and accused persons demanded ransom money of Tk. 10, 00,000/- from the informant..Category: Criminal Law | Date: | Hits: 36
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......ny other law for the time being in force— (a) all offences triable under this Act shall be cognisable; and (b) no person accused or convicted of an offence triable under this Act shall, if in custody, be released on bail or on his own bond unless— (i) the prosecution has had opportunity..Category: Criminal Law | Date: | Hits: 184
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
....l No. 18 of 1988. (From The Judgement and order dated 11.5.87 passed by the High Court Division, Jessore Session, Jessore in Death Reference No. 2 of 1985 with Criminal Appeal No. 109 of 1985 and Jail Appeal No. 108 of 1985) Judgement Badrul Haider Chowdhury J. — This apÂpeal by special...... High Court Division is set aside. Conviction and sentence of acÂcused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157..Category: Criminal Law | Date: | Hits: 159
Iqbal @ Salim Vs. State, 1989, 18 CLC (AD)
....lant will continÂue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ......pecified in the Border of bail and warned that in case any of the instalments of the fine was not paid within the specified lime the bail "shall stand cancelled" and the appellant would be taken into custody. Further, the learned Judges directÂed the Deputy Commissioner, Rajshahi, to see that the o..Category: Criminal Law | Date: | Hits: 53
Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)
.... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 77. .......................Appellant Vs. Dr. Chittaranjan Deb Nath & others.......................Respondent Judgment December 7, 1983. The appellant is claiming custody of his daughter who is in judicial custody at the same time the respondent claiming himself..Category: Criminal Law | Date: | Hits: 58
Abdus Salam MasÂter alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....find anything to interfere with the order of the High Court Division refusing to quash the proceedÂings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......ion Report, submitted a report calling it a Final Report under section 173 of the Criminal Procedure Code recommending that the accused persons shown therein should be 'discharged' or reÂleased from custody or from their bail bonds, as the case may be. But, in fact, there is no term like "Final rep..Category: Criminal Law | Date: | Hits: 79
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
....p;: Korban Ali, Advocate, instructed by M Nowab Ali Advocate-on-Record-For the Appellant. B Hossain, Advocate-on-Record - For the Respondent. Criminal Appeal No. 8 of 1991 with Jail Petition No. 1 of 1991. (From the Judgment and order dated 22.8.1990 passed by the High ...... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 58
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....se was investigated partly by PW 22 and then PW 23 SI Rawshan Islam after completing investigation submitted charge‑sheet on 25.6.79 13. PW 17 Dr. Jamiruddin Ahmed, Assistant Surgeon, Faridpur Jail Hospital held autopsy on the dead body of Khairul Alam at 1‑30 PM on 6.1.79 and found seven p......he record of the case and as such I find it very difficult to discard the evidence of these two identifying witnesses. From the order-sheet dated 7.5.79 and 8.5.79 it appears that the accused were in custody and on these two days they were not produced in court. From the order‑sheet dated 8.5.79, ..Category: Criminal Law | Date: | Hits: 38
Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
....ill conÂtinue on the bail and realisation of the fine will reÂmain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ......me specified in the order of bail and warned that in case any of the installments of fine was not paid within the specified time the bail "shall stand cancelled" and the appellant would be taken into custody. Further, the learned Judges directed the Deputy Commissioner, Rajshahi, to see that the orÂ..Category: Criminal Law | Date: | Hits: 56
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ..Category: Criminal Law | Date: | Hits: 32
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....ument is produced or givÂen in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ...... and may take sufficient security for the appearÂance of the accused before such Magistrate or if the alleged offence is non bail able 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 M..Category: Criminal Law | Date: | Hits: 63
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....ppellant under the aforesaid sections and sentenced him to death. 10. The consequent reference (5/85) under secÂtion 374 Code of Criminal Procedure and the appeals (Criminal Appeal No. 225/85 and Jail Appeal No. 8/85 preferred by the appellant) were analogousÂly heard by the High Court Division......y and as such there is no reason to disbelieve their testimony as to the recovery of the dead body by the appellant himself following his admission. Information given by the appellant being in police custody about concealing of the dead body is admissible under section 27 of the Evidence Act as such..Category: Criminal Law | Date: | Hits: 61
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