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State Vs. Matiur Rahman, 2007, 36 CLC (AD)
....on of the High court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 4; V ADC (2008) 164. ......2002 and Criminal Appeal No. 1916 of 2002) rejecting the Death Reference No. 20 of 2002 and allowing the Jail Appeal No. 346 of 2002 and Criminal Appeal No. 1916 of 2002 preferred by the condemned prisoner. &..Category: Criminal Law | Date: | Hits: 58
State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)
....ions Judge, Narshingdi for confirmation of sentence of death awarded by him by the judgment and order dated 26-08-2001 in Sessions Case No. 56 of 1995 to condemned prisoner, Abdus Sattar upon convicting him under Sections 302/34 of the Penal Code. The Court of Sessions by the selfsame judgm...... for life and to pay fine of Tk.10,000/- each, in default, to suffer one year rigorous imprisonment. Criminal Appeal being No. 3199 of 2001 was preferred by all the convicts including the condemned prisoner except the absconding convict Alamgir and Jail Appeal No.3331 of 2001 was preferred by the..Category: Criminal Law | Date: | Hits: 44
Md. Asgar Ali alias Asgar and others Vs. State, 2007, 36 CLC (AD)
.... the judgment and order dated 12.05.2004 passed by the High Court Division in Criminal Appeal No. 381 of 2000). Judgment Amirul Kabir Chowdhury J. - Md. Asgar Ali alias Asgar and two other convict-petitioners seek leave to appeal against the judgment and order dated 12.05.2004 passed by ......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)
.... Judgment Amirul Kabir Chowdhury J. - Md. Mainul Islam @ Md. Mainul Islam @ Moinul alias Suja and seven other convict petitioners seek leave to appeal against order dated 30.03.2006 passed by the High Court D......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. ..Category: Criminal Law | Date: | Hits: 44
Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)
....2004 passed by the High Court Division accepting the Death Reference Case No. 34 of 2001 and dismissing Jail Appeal No.3201 of 2001 filed by the condemned petitioner and thereby affirming the conviction and sentence passed by the learned Sessions Judge, Manikganj in Sessions Case No.2 of 20......shy;tion on an oral confession unless proved by evidence of a person of unimpeachable character and before the High Court Division similar contention was also made from the side of condemned prisoners and in support of the above contention several decisions were cited but the High Court Di..Category: Criminal Law | Date: | Hits: 51
Paritosh Rudra Vs. State, 2007, 36 CLC (AD)
....ng the appeal and accepting the Reference and thereby affirming the judgment and order dated 28-10-2002 passed by the learned Sessions Judge, Cox's Bazar in Sessions Trial Case No. 81 of 2001 convicting him (petitioner) under Section 302 of the Penal Code and sentencing him to death. ......002 with Death Reference No. 50 of 2002). Judgment Md. Hassan Ameen J. - This petition for leave to appeal as well as Jail Appeal Preferred by condemned-prisoner, Paritosh Rudra, is directed against the judgment and order dated 18-07-2004 passed by a ..Category: Criminal Law | Date: | Hits: 43
State Vs. Md. Mukul alias Swapan, 2007, 36 CLC (AD)
....4 of 2002 (heard with Jail Appeal No. 666 of 2002) rejecting the Death Reference and thereupon allowing the jail appeal. 2. The death reference was made by the learned Sessions Judge, Natore upon convicting the respondent under sections 302/333/224 of the Penal Code and sentencing him to death b......y be mentioned that it is in the evidence of the members of the raiding party that they did not raise any hue and cry at the time of occurrence but they have stated in their deposition that condemned prisoner Mukul was caught hold by the deceased and Mukul raised hue and cry, as a result of which ot..Category: Criminal Law | Date: | Hits: 73
Mokbul Hossain Howlader Vs. State, 2007, 36 CLC (AD)
....nst the judgment and order dated 28.08.2001 passed by the learned Additional Metropolitan Sessions Judge, Court No.5, Dhaka in Metropolitan Criminal Appeal No.87 of 2000 setting aside the order of conviction under Section 406 of the Penal Code and maintaining the conviction under Section 420 of ......law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ..Category: Criminal Law | Date: | Hits: 42
Md. Sirajul Islam Vs. State, 2007, 36 CLC (AD)
.... 1947) and was sentenced to 1(one) year rigorous imprisonment and to pay a fine of Tk.40,000/-, in default to suffer rigorous imprisonment for 4 (four) months under section 409 of the Penal Code, the convict-appellant was also sentenced to 1 (one) year rigorous imprisonment and to pay a fine of Tk.1......irmity in the judgment of the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 118. ..Category: Anti-Corruption Laws | Date: | Hits: 111
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
....e with the judgment delivered by my brother Md. Joynul Abedin J. Md. Fazlul Karim J.- These two Appeals, by leave upon a petition for review, are directed against the allowing the Criminal Appeals convicting the petitioners under sections 201/34 of the Penal Code and sentencing him to suffer rigo...... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ..Category: Criminal Law | Date: | Hits: 94
Dawad Ali Sardar (Md) Vs. Kazi Mujibar Rahman and others, 2008, 37 CLC (AD)
....ted 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 4-6-1995 convicted the accused petitioner. Being aggrieved, he preferred Criminal Appeal No. 28 of 1995 bef......ate had no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....n 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 calls in question the propriety of the conviction of the five accused-appellants under sections 302/34 of the Penal Code, ordered by the ......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
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
....an Magistrate, Dhaka. The resultant Rule in Criminal Revision No. 29 of 1986 was discharged by the learned Single Judge on the ground that the accused-appellants having been neither acquitted nor convicted, section 403 of the Code is not applicable and filing of a fresh complaint on the self......me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ..Category: Criminal Law | Date: | Hits: 46
State Vs. Mofizuddin and other, 2005, 34 CLC (AD)
....rahmanbaria Police Station without naming any accused. During investigation police recovered from the place of occurrence a moneybag containing a scrap of paper where name and address of absconding convict Kazi Tipu Sultan with some telephone numbers was written. During investigation condemned pr...... the place of occurrence a moneybag containing a scrap of paper where name and address of absconding convict Kazi Tipu Sultan with some telephone numbers was written. During investigation condemned prisoner Mafizuddin made confessional statement. Police on completion of investigation submitted c..Category: Criminal Law | Date: | Hits: 40
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....with the judgment of ATM Afzal, J. ATM Afzal J. - This appeal by leave is from the Judgment and Order dated 28 July, 1987 passed by a Division Bench of the High Court Division, Dhaka upholding the conviction under section 302 of the Penal Code passed against the appellant but reducing the sente......msur Rahman alias Shamsu was convicted under section 302 of the Penal Code and sentenced to death by the Additional Sessions Judge, Khulna in Sessions Case No.283 of 1981. The appeal of the condemned prisoner was partly allowed affirming the conviction and his sentence of death was commuted to imp..Category: Criminal Law | Date: | Hits: 44
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
....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. .......R. stating that deceased Md. Abu Salem Shablu who was a student of Class-VI of local Darul Ulum Kowmi Madrasha, used to say his prayers regularly in the local mosque of the village. The condemned prisoner Md. Islamuddin @ Din Islam an employee of an Ice Cream Factory belonging to Abdul Gafur al..Category: Criminal Law | Date: | Hits: 57
Abu Taleb Vs. State, 2007, 36 CLC (AD)
....h of the High Court Division in Criminal Miscellaneous Case No. 386 of 2005 rejecting in limine an application of the petitioner under section 561A of the Code of Criminal Procedure. 2. The convict petitioner was prosecuted on the charge that he along with two others on 20-6-1995 de...... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 47
Wasim Mia (Md) Vs. State, 2007, 36 CLC (AD)
.... of 2002). Judgment Amirul Kabir Chowdhury J.- This appeal arises on leave at the instance of the convict appellant Md Wasim Mia against judgment and order dated 9 April 2003 passed by a Division B......, Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: | Hits: 71
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....missing all the petitions. 3. Having regard to the facts and circumstances of the case, the provisions of Article 31 of the Constitution, in my view, cannot be applied because of the fact that the convicts were tried by a competent Court of the country in accordance with law and upon due complian......h the conclusion arrived at by my brother Mr. Amirul Kabir Chowdhury, J but expressing the view that in view of the fundamental right guaranteed under Article 31 of the Constitution and the condemned prisoners having taken the ground that Courts below did not have jurisdiction to try the condemned p..Category: Criminal Law | Date: | Hits: 213
Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)
....This appeal by the four accused-appellants, following leave, is from the judgment and order dated 12 August 1986 passed by a Division Bench of the High Court Division, Barisal in appeal affirming the conviction and sentence of the appellants under sections 395/397 Penal Code. 2. The appellants al...... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ..Category: Criminal Law | Date: | Hits: 49