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Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
....ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......involving the appellants they are entitled to bail and refusal of their bail amounts to non‑application of judicial mind to the materials on record. He also submits that the appellants are in custody for about one year although they were earlier granted bail in the other case for alleged mu..Category: Criminal Law | Date: | Hits: 60
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
.... fired several rounds of tear gas shells in the midst of the procession. When major section of the processionists proceeded towards south along Nazimuddin Road towards the Dacca Central Jail, the tail end of the procession was intercepted by E. P. R. and Police personnel. To avoid te......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 66
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ......e after investigation submitted charge-sheet against the accused en 20. 7. 1974 under Sections 147/148/149/302/109, Penal Code read with Article 2(4) of P. O. 50. The accused were taken in to custody. Their prayer for bail was rejected, both by the Sub-Divisional Magistrate as well as ..Category: Criminal Law | Date: | Hits: 113
A.K.M. Muklesur Rahman Vs. Govt. of Bangladesh, 1977, 6 CLC (AD)
.... forthwith. We cannot, therefore, agree that the reasons shown by the petition for condonation of delay are at all satisfactory. The petition is, accordingly, dismissed. Ed. ...... forthwith. We cannot, therefore, agree that the reasons shown by the petition for condonation of delay are at all satisfactory. The petition is, accordingly, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 69
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ......rge under section 302/109. Accordingly, the case is remanded to the trial court for retrial of the accused on the appropriate charge under section 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The..Category: Criminal Law | Date: | Hits: 61
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
.... done to the driver in a preplanned manner; the death so caused by the condemned prisoner, cannot be considered murder, but can be said to be an act of man slaughter not amounting to murder. Jail Petition No. 2 of 2001. Judgment &nb......ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ..Category: Criminal Law | Date: | Hits: 74
State Vs. Shahjahan, 2001, 30 CLC (AD)
....ppeal No. 61 of 1915. (From the judgment and order dated 15-8-1994 passed by the High Court Division in Death Reference No. 1 of 1992 with Criminal Appeal No. 111 of 1992 & Jail Appeal No. 124 of 1992). Judgment ......ed to interfere with the impugned judgment. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 58. ..Category: Criminal Law | Date: | Hits: 55
State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)
....ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ...... with death or imprisonment for life. We find a strong prima facie case for not granting bail. 8. Mr. Mainul Hosein further submitted before us that the arrest and detention in custody is violative of fundamental right as guaranteed under Articles 32 and 33 of the Constituti..Category: Criminal Law | Date: | Hits: 68
Shameen Vs. Government of Bangladesh & others, 1995, 24 CLC (AD)
.... under section 19 (A) and (F) of the Arms Act. 1878. On 11 June 1994 the police forwarded the detenu to the Court of the Chief Metropolitan Magistrate, Dhaka. Subsequently, he was sent to the Central Jail where the order of detention dated 11 June 1994, for 30 days, made by the District Magistrate, ......his brother Md. Shaheen under the Special Powers Act, 1974. His case, in brief, is that on 9 June 1994 when his brother, a businessman, was returning home from Kazipara he was arrested and taken into custody by the police of Mirpur police station in connection with Mirpur Police Station Case No. 30(..Category: Criminal Law | Date: | Hits: 75
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....ivision (Criminal) Present: M H Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Zahiruddin son of Abdu Hye......................Appellant (In Jail) Vs. State……………………&hellip......prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ..Category: Criminal Law | Date: | Hits: 73
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ......cutor and that this is the only reason for bringing the allegation that he had been influenced by the accused‑persons. However, record of the case shows that accused Anwar Hossain had been in custody for a long time during which period he unsuccessfully filed applications for bail upto the..Category: Criminal Law | Date: | Hits: 67
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......oting case. Both Omar Ali and Mofijuddin denied the charge but the accused Taru Mian disclosed" his identity and put them under arrest and also ordered other accused Abdul Gani to take them to custody. At that time, the accused Abdul Gani took Omar Ali about 22 cubits off of the said place a..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
.... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ......r Rahman, the learned Advocate for the accused appellant has argued that the Magistrate who recorded the confessional statement did not tell the accused that he would not be sent back to the police custody. It appears from the order dated 26.7.61? in the order sheet of the enquiring Court that th..Category: Criminal Law | Date: | Hits: 62
Golam Kader Vs. State, 1972, 1 CLC (HCD)
....on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ......on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ..Category: Criminal Law | Date: | Hits: 59
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....he counts against the weight of evidence on record. In this connection he has pointed out that the order sheet of the committing Court Ext. 4 shows that soon after the custody of the accused, the Sub-Jailor of Habiganj Jail sent a report to the Court sitting that he noted marks of insanity with the ...... convicted the accused on both the counts against the weight of evidence on record. In this connection he has pointed out that the order sheet of the committing Court Ext. 4 shows that soon after the custody of the accused, the Sub-Jailor of Habiganj Jail sent a report to the Court sitting that he n..Category: Criminal Law | Date: | Hits: 81
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......he accused appellants be retried on a charge under sections 302/109 of the PPC or any other appropriate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ..Category: Criminal Law | Date: | Hits: 76
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
.... legal assistance 21. In Purna Chandra Mondal's case reported in 22 DLR 289 the facts are that a specific (33) grievance was made in ground No. 6 of the petition of appeal forwarded by the Jailor, which was to the following effect: "6. For that the accused was a poor ma......pon appointment of the advocate to defend the prisoner." In the present case, the order No. 1 reads as follows: "Order I, 6.4.1970. Accused is produced from jail custody and put in the dock. Hazira of PWs filed. The case is taken up for trial. The charge is re..Category: Criminal Law | Date: | Hits: 154
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....Chatterjee of village Batra, PS Nagorpur, District Tangail whose minor daughter Suma Chatterjee was alleged to have been kidnapped on 4-3-97 and who is now in judicial custody in the Tangail District Jail is the appellant in the present appeals by leave and also the petitioner in the connected leave......cal examination found 18 years of age by two doctors and 16 years of age by the radiologist, report of the later is more acceptable. Thus finding the victim girl minor, she should be delivered to the custody of her father with option to produce the victim before the court as and when required for ad..Category: Criminal Law | Date: | Hits: 71
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
.... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ......his brother appellant No. 1 re-married appellant No. 2 and are living together as husband and wife by swearing an affidavit dated 18-2-90 at a time when the minor sons of his brother were under the custody of the complainant. Appellant No. 1 suppressing the re-marriage filed OC Suit No. 5 of 199..Category: Criminal Law | Date: | Hits: 69
Emran Hossain Vs. State, 1999, 28 CLC (AD)
....n jail for a long time. If the trial is not concluded within a reasonable time then the petitioner can always pray for bail in the appropriate court. The petition is dismissed. Ed. ......n jail for a long time. If the trial is not concluded within a reasonable time then the petitioner can always pray for bail in the appropriate court. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 66