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Latifur Rahman alias Arju and another Vs. State, 1999, 28 CLC (AD)

....espondent. Criminal Petition for Leave to Appeal No. 91 of 1998. (From the judgment and order dated 18-3-98 passed by the High Court Division in Criminal Appeal No. 2159 of 1995 with Jail Appeal No. 91 of 1996). Judgment    Mustafa Kamal J.- This petition for l......rcumstances. 6. We therefore do not find any substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ..

Category: Criminal Law | Date: | Hits: 54

State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)

.... Criminal Appeal No. 3 of 1994. (From the Judgment and order dated 16-8-90 passed by the High Court Division in death reference case No. 1 of 1989 with Criminal Appeal No. 67 of 1989, Jail Appeal No. 53 of 1989 and Criminal Revision No. 174 of 1989). Judgment   ......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103.   ..

Category: Criminal Law | Date: | Hits: 80

Abdul Hafez Howlader alias Habibur Rahman and others Vs. State, 1999, 28 CLC (AD)

....hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ......e state prefers an appeal against the order of such acquittal. The normal order upon admitting the Government appeal is to direct the Deputy Commissioner concerned to take the acquitted persons in custody and release them on bail to the satisfaction of the Deputy Commissioner. ……&h..

Category: Criminal Law | Date: | Hits: 57

Abdul Hashem (Md) @ Bachchu Fakir and others Vs. State, 2000, 29 CLC (AD)

....ade. 3. The learned Additional Sessions Judge convicted the accused-petitioners and others under section 396 and sentenced each of them as stated above. 4. The petitioners preferred Jail Appeal No. 1159 of 1993 in the High Court Division against the order of conviction and sentenc......he accused- petitioners including others were arrested by the Mirpur Police on 2-5-89 and were produced before the Magistrate who recorded their confessional statements and remanded them to police custody for Test Identification Parade (TI Parade) which was held on 26-7-89. During TI Parade PW ..

Category: Criminal Law | Date: | Hits: 64

Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)

....f 1998 filed by (accused) respondent No. 1 under seed 491 of the Code of Criminal Procedure, setting liberty the victim girl Lata Rani Saha alias Jannatul Ferdous from safe custody in the District Jail Narayangonj saying “she may go anywhere likes.” 2. Facts of the case, bri......sp;      November 8, 1998. The Code of Criminal Procedure, 1898 (V of 1898), Section 491 It will be inhuman to keep the minor victim girl in the jail custody indefinitely and her welfare demands that she should be allowed to come out of unwholesome ..

Category: Criminal Law | Date: | Hits: 48

Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)

....e of justice has been caused but that cannot be a ground for remand of the case………………(10) Lawyers Involved: Abdul Malek, Senior Advocate, MA Jail Advocate with him, instructed by Md. Nawab Ali Advocate-on-Record — For the petitioners.......oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ..

Category: Criminal Law | Date: | Hits: 61

Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)

....t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......hey were concluded after such expiry; (c) the accused in a case the trial of which is deemed to be continuing at the date of commencement of this Act under clause (a) shall, if in custody, be released on bail to the satisfaction of the court unless for reasons to be recorded i..

Category: Criminal Law | Date: | Hits: 59

State Vs. Jobaida Rashid, 1997, 26 CLC (AD)

....f essential Medicare when she was badly sick during that period. 4. On 9-11-96 she was produced before the Court of Chief Metropolitan Magistrate, Dhaka and the Court ordered her to be sent to the Jail Hajat. Instead of sending her to the Jail Hajat she was again brought on Police remand for 4 da......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ..

Category: Criminal Law | Date: | Hits: 115

Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)

....n default to suffer rigorous imprisonment for 1 month more. 4. The appellant was at his village home he was suddenly arrested by the police on 1-11-93 and was forwarded to Noakhali District Jail. The appellant came to know of the trial, conviction and sentence after his arrest. He obtaine...... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ..

Category: Criminal Law | Date: | Hits: 98

Noor Jahan Begum and another Vs. State, 1996, 25 CLC (AD)

....Magistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ......Magistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ..

Category: Criminal Law | Date: | Hits: 149

Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)

.... connection with Motijheel PS Case No. 85 (1)95 under section 392 of I the Penal Code and was forwarded to the Chief Metropolitan Magistrate, Dhaka on 1-2-95 and taken into custody in Dhaka Central Jail. While in custody an order of detention for 30 days was served upon him by the District Magis......the police on 31-1-95 in connection with Motijheel PS Case No. 85 (1)95 under section 392 of I the Penal Code and was forwarded to the Chief Metropolitan Magistrate, Dhaka on 1-2-95 and taken into custody in Dhaka Central Jail. While in custody an order of detention for 30 days was served upon h..

Category: Criminal Law | Date: | Hits: 99

State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)

....ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......reasons given by the High Court Division for disallowing the prayer was unreasonable or perverse. The High Court Division observed that the case was started 8 years back and the respondents were in custody from the date of judgment of the learned Sessions Judge i.e. from 13-9-86, for about 4 year..

Category: Criminal Law | Date: | Hits: 120

Altaf Hossain Vs. State, 1997, 26 CLC (AD)

....nd order are set aside.  Let the appellant be released forthwith if not wanted in any other case.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......any view of the matter, the other co-accused having been acquitted, the appellant could neither be convicted under section 302/149 nor under section 302 of the Penal Code. The appellant has been in custody for more than 4 years after his conviction and he has had enough of punishment even if he ..

Category: Criminal Law | Date: | Hits: 104

Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)

.... view on sentence. Apart from the appellant’s conduct although, he submits, the appellants are in custody since 1990. They are foreigners and they come from a western society. In a Bangladesh Jail they have to live almost incommunicado because of language barriers which is telling upon thei......this case which could prompt the High Court Division to take a more compassionate and liberal view on sentence. Apart from the appellant’s conduct although, he submits, the appellants are in custody since 1990. They are foreigners and they come from a western society. In a Bangladesh Jail ..

Category: Criminal Law | Date: | Hits: 130

Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)

....ahadat Hossain @ Swapan with the intention to murder him. After receiving the injuries Swapan managed to escape and was treated in the hospital. On the same day at about 9-00 PM while informant Abdul Jail was enjoying television and taking meal with his son deceased Munir Hossain, accused Bijoy, son......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ..

Category: Criminal Law | Date: | Hits: 108

Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)

....uld not be proved beyond all reasonable doubt.  The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for.   Ed ......                       Syed J. R. Mudassir Hussain J:- The accused leave petitioners in custody have sought for a leave to appeal against the judgment and order dated 5-2-2001 passed by a ..

Category: Criminal Law | Date: | Hits: 121

State Vs. Mofizuddin and others, 2006, 35 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. ...... 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 exam..

Category: Criminal Law | Date: | Hits: 83