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State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)
....espondents. Criminal Appeal No.7 of 1993. (From the judgment and order dated 13-8-1991 passed by the High Court Division in Death Reference No.17 of 1990 and Criminal Appeal No. 247 of 1988 and Jail Appeal No. 717 of 1990). Judgment Md. Gholam Rabbani J.- Six respondents along with 26 ot...... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ..Category: Criminal Law | Date: | Hits: 55
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ......s without lawful authority and of no legal effect; and direction has been given for trial of the condemned prisoners in accordance with law by a competent Court, and till then they will continue in custody as under trial prisoners. 3. Leave was granted to consider:— (1) whether the Governm..Category: Criminal Law | Date: | Hits: 294
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ......re the High Court was that since after the amendment of the Special Powers Act the Special Tribunal having no jurisdiction to try the offences for which the respondent has been arrested and kept in custody, proceedings pending before the Tribunals concerned no longer continue and should therefore,..Category: Criminal Law | Date: | Hits: 66
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ......e before the Magistrate P.W. 8 when accused Shafi was produced before him for the first time on 2 December 1987. Three days' remand was sought for and granted and after three days remand in police custody, that is four days after his arrest by the police, the confession was made. The defence, th..Category: Criminal Law | Date: | Hits: 44
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
.... Criminal Appeal No. 7 of 1992. (From the Judgment and order dated 17th & 18.3.91 passed by the High Court Division in Death Reference No. 28 of 1990 (Dhaka)/2/82 (Jrssore) & Jail Appeal No. 38 of 1988 & Criminal Appeal No. 37 of 1988 respectively). Judgment: ......ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ..Category: Criminal Law | Date: | Hits: 60
Sompong Vs. State, 1993, 22 CLC (AD)
....ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ......ms Act 1969 and committed smuggling. Accordingly, the goods were seized under section 168 of the said Act. The accused were handed over to the police but the trawler and the goods were kept in the custody of the customs. A photo copy of the seized goods which were valued at Tk. 3 crore was attac..Category: Criminal Law | Date: | Hits: 62
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ......fore a Court and the functioning of the Magistrate in his judicial capacity. It has been observed, inter alia, in the case of Abdur Rahman (Supra) that "The Magistrate taking the accused into custody on production by the police acts in his Judicial capacity as contemplated under section 61 ..Category: Criminal Law | Date: | Hits: 40
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
.... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ......the police did not send those for chemical examination. It is in the evidence of the victim woman that she was kept in the police station 2/3 days after the occurrence and she was detained in jail custody for 3 months. It is not understood as to why the victim woman who was a witness in this cas..Category: Criminal Law | Date: | Hits: 66
AHM Siddique Vs. State, 1993, 22 CLC (AD)
....the High Court Division but the condition for payment of the fine is disposal of his appeal before the High Court Division. Ed. This case is also reported in: 45 DLR (AD) (1993) 8 ...... He was granted bail on the condition that "he shall pay the entire fine in four instalments within the specified dates failing which his bail shall stand cancelled and he shall be taken into custody". We held that the order for conditional bail was illegal and not proper. In the insta..Category: Criminal Law | Date: | Hits: 44
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....rised Officer, 17 DLR 393; State vs. Wazir Khan, PLD 1968 Pesh. 140; Mustaq Ahmed Vs. State, 17DLR (SC) 624; Ljaoka Waipei Vs. Ngulthang Chief, AIR 1963 Manipur 15; Swami Hariharanand Sarwsswati Vs Jailor. District Jail, AIR 1954, All 60. Emperor Vs Khawaja Nazir Ahmed AIR 1945 45 (PC) 18; M.S. K......he Penal Code and President's Order No. 50 of 1972 (hereinafter referred to as P O 50). The learned Sub-divisional Magistrate rejected the prayer for bail on their behalf and remanded them to custody fixing 7-12-72 for further report. Subsequently the other respondents of Criminal Appeal No..Category: Criminal Law | Date: | Hits: 125
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
.... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ...... three nomination papers, each having been proposed and seconded by a set of two out of the six respondents in the other appeal. At the conclusion of the trial all the seven respondents who were in custody were acquitted by the Special Tribunal which was not intimated in terms of the second part..Category: Criminal Law | Date: | Hits: 39
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
....Ahmed CJ.- This appeal by special leave is from a judgment and order of the High Court Division dated 16 July, 1987, passed in Criminal Reference No. 5 of 1985, Criminal Appeal No. 343 of 1985 and Jail Appeal No. 344 of 1985, all of which arose from a judgment and order of the Additional Session......ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ..Category: Criminal Law | Date: | Hits: 119
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......mber, 1992 passed by the High Court Division, Dhaka in Criminal Revision No. 1663 of 1992.) Judgment ATM Afzal J.- This appeal by leave, by a distraught father, arises out of a proceeding for custody of his recalcitrant daughter, Ayesha Akhtar (Rima) alias Dolly, respondent No. 2, who is sai..Category: Criminal Law | Date: | Hits: 68
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....o. 67 of 2003. (From the Judgment and Order dated January 25, 2003 passed by the High Court Division in Death Reference No, 51 of 2000 heard along with Criminal Appeal No. 3313 of 2000 and Jail Appeal No. 3809 of 2000). Judgment: ......l or that he organised the processions demanding death sentence of the condemned appellant or that he influenced the police to extract confession from the condemned appellant while he was in police custody. 44. PW 2 Reshmi, the only eye-witness in the present case, testified that she used..Category: Criminal Law | Date: | Hits: 59
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
.... of 2003. (From the judgment and order dated 13-11-2002 passed by the High Court Division in Death Reference No. 23 of 1999, Criminal Appeal No. 1336 of 1999, Criminal Appeal No. 1424 of 2000 and Jail Appeal No. 2329 of 1999). Judgment Amirul Kabir Chowdhury J.- ASI Ayub Ali Sarder, cons......their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13...Category: Criminal Law | Date: | Hits: 78
Sree Monju Kumar Saha & others Vs. State, 1992, 21 CLC (AD)
.... (Criminal) Present: MR Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sree Monju Kumar Saha & others .....................Petitioners (In Jail) Vs. State ……………………......ule. The court may grant or refuse the bail or ask the petitioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ..Category: Criminal Law | Date: | Hits: 50
....aid terms.
Ed.......tice will be sufficiently met if the unconditional apology of the appellant is accepted and the sentence remitted. It is ordered accordingly.
The appeal is disposed of in the aforesaid terms.
Ed...
Category: Criminal Law | Date: | Hits: 88
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....ion for leave to appeal No. 38 of 1992 (From the Judgment and Order dated 4.2.92 passed by the High Court Division in Death Reference No. 1 of 1985 with Criminal Appeal No. 42 of 1985 & Jail Appeal No. 32 of 1988 respectively). Judgment: &nbs......elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 61
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....1 (From the Judgment and order dated 28th May, 1990 passed by the High Court Division, Barisal Session, in Death Reference No. 6 of 1988 (Barisal) (Death Reference No. 5 of 1987, Dhaka) and Jail Appeal No. 39 of 1988 (Barisal) (Jail Appeal No. 59 of 1987, Dhaka). Judgment: &n......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ..Category: Criminal Law | Date: | Hits: 69
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....9 (From the Judgment and order dated 26th January, 1987 passed by the High Court Division, Jessore Sessions, Jessore in Death Reference No. 1 of 1984 with Criminal Appeal No. 1 of 1984 and Jail Appeal No. 2 of 1984). Judgment: ......t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ..Category: Criminal Law | Date: | Hits: 68
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