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State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)

....ver lies with the legislature and the Courts are not in a position to give any relief to such a person if there is no provision is law entitling them to admit him to bail." 27. After liberation of Bangladesh, the Code of Criminal Procedure was amended by the Law reforms Ordinance, 1978 (Ordinance...... Appellate Division (Criminal) Present ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J State...................................................................Petitioner Vs. Md. Monirul Islam alias Nirab and others..................Respondents Judgment January......A 121 (19944-45); Hidayat Uliah Khan Vs. Crown, PLD 1949 Lal 21; Crown Vs. Khushi Muhammad, 5 DLR (FC) 86; Sadiq Ali Vs. State, 18 DLR (SC) 393; Muhammad Ayub Vs. Muhammad Yaqub, 19 DLR 38; Salauddin Abdul Samad Shaikh Vs. State of Maharashtra, 1996 (Cri) 198; State of Andhra Pradesh Vs. Bimal Krish...... Muhammad Ayub Vs. Muhammad Yaqub, 19 DLR 38; Salauddin Abdul Samad Shaikh Vs. State of Maharashtra, 1996 (Cri) 198; State of Andhra Pradesh Vs. Bimal Krishon Kundu, AIR 1997 SC 3589; State Vs. Abdul Wahab Shah Chowdhury, 51 DLR (AD) 242. Lawyers Involved: Momtazuddin Fakir, Additional Attorn..

Category: Criminal Law | Date: | Hits: 89

Ghyas Siddique Vs. Bangladesh, 1990, 19 CLC (HCD)

.... Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Habibul Islam Bhuiyan J Ghyas Siddique……………………….....................................Petitioner Vs. Bangladesh, represented by the Secretary of Home Affairs............Respondent. Judgment April......riginal Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Habibul Islam Bhuiyan J Ghyas Siddique……………………….....................................Petitioner Vs. Bangladesh, represented by the Secretary of Home Affairs............Respondent. Judgment ......ills and another AIR 1960 (SC) 378(380) and Liversiege Vs. Anderson 1942 Appeal Cases 206. Lawyers Involved: Khondker Mahbubuddin Ahmed with Abdur Razzaque, Advocates ‑ For the Petitioner. Abdul Wadud Bhuiyan, Additional Attorney-General with AF Hasan Ariff, Deputy Attorney ­General ‑F......the rescinding of the impugned order by the Government. The Rule is, therefore, discharged as infructuous without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 179. ..

Category: Criminal Law | Date: | Hits: 71

Kadu and others Vs. State, 1990, 19 CLC (HCD)

....de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ...... ......ssain heard about the occurrence from PWs 2,4, and 6 and lodged the First Information Report Ext. 2 at Khaliajury Police station on 10.4.75 at 9 AM about 15 hours after the occurrence. 3. PW 3 ASI Abdul Malek took preliminary steps. He held inquest on the dead body of Asak Ali and seized blood st......de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ..

Category: Criminal Law | Date: | Hits: 74

Kamaluddin Chowdhury Vs. Mashiudwllah and another, 1990, 19 CLC (HCD)

....along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137.......gh Court Division (Criminal Revisional Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Kamaluddin Chowdhury................Accused‑Petitioner. Vs. Mashiudwllah and another............Opposite Parties. Judgment August 6, 1990. Case ......ah and another............Opposite Parties. Judgment August 6, 1990. Case Referred to- Kalipada Saha Vs. The State, 1985 BLD (AD) 278. Lawyers Involved: Azizul Haque Chowdhury with Abdul Mamen Chowdhury, Advocates ‑ For the Petitioner. ASM Badrul Anwar, Advocate ‑ For the O......along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137...

Category: Criminal Law | Date: | Hits: 69

State Vs. Keramat Ali & another, 2010, 39 CLC (AD)

....rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536.......zlul Karim CJ SAN Mominur Rahman J ABM Khairul Haque Md. Muzammel Hossain J Surendra Kumar Sinha J State………………………………………………………...Appellant Vs. Keramat Ali & another ...........................Respondents Judgment August 11, 20..........................Respondents Judgment August 11, 2010. Lawyers Involved: Zahirul Hoque Zahir, Deputy Attorney-General instructed by B Hossain, Advocate-on-Reord—For the Appellant. Abdul Basel Majumder, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Resp....... Then the accused persons assaulted him by lathi. Hearing hue and cry informant Kalim Uddin Sarker and his younger brother Mokbul Hossain (P.W.5), Abdus Sattar (P.W.6), Aziz Ahmed Ali (P.W.7), Abdul Wahab (P.W.8), Akbar Ali (P.W.2) and others rushed to the place of occurrence and saw that accused A..

Category: Criminal Law | Date: | Hits: 90

Kazi Motiur Rahman and others Vs. Din Islam, 1990, 19 CLC (HCD)

....ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......eported in: 43 DLR (1991) 128. ..............Opposite Party. Judgment February 26, 1990. Cases Referred to- Shahajahan Miah Vs. State 27 DLR 161; Afel Khan and others Vs. The State, 29 DLR 3. Lawyers Involved: Mia Abdul Gqfur with Shahjahan Chowdhury, Advocates ‑For the Petitioners. Not represented ‑ the S......ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ..

Category: Criminal Law | Date: | Hits: 73

Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)

....omplainant and misappropriated the amount. 3. Upon the said complaint the learned Magistrate after examining the complainant issued summons upon the accused petitioner under section 420/406 of the Bangladesh Penal Code. Thereafter the accused petitioner surrendered before the Court and considerin....... ......her Vs. State, 26 DLR 146; Akamuddin Ahmed Vs. The State, 27 DLR (AD), 175; Shah Jahan Vs. Atiqur Rahman, 7 BLD 164; Mst. Sakha Khatun Vs. The State, BCR 1985 (HCD) 150. Lawyers Involved: Miah Abdul Gafur with Abbasuddin Ahmed, Advocates ‑ For the Petitioner. Not represented ‑ the Oppo......against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ..

Category: Criminal Law | Date: | Hits: 132

Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)

.... post‑mortem examination is required to be used as evidence, and the Civil Surgeon or other medical officer who made the report is dead or is incapable of giving evidence or is beyond the limits of Bangladesh and his attendance cannot be procured without an amount of delay, expense or inconvenienc......e Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Ansar Ali J Md. Abdul Karim J Sarwar Kamal and others....... ……......................Appellants Vs. State……………………………………………………………………Respondent......er court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ......ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ..

Category: Criminal Law | Date: | Hits: 86

Bulu and others Vs. State, 1992, 21 CLC (HCD)

....evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ......LR (HCD) (1993) 79. ......her case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ......evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ..

Category: Criminal Law | Date: | Hits: 83

Abdul Khaleque Vs. State, 1992, 21 CLC (HCD)

....used appellant and 4 others under sections 302/201/34 of the Penal Code. After investigation prima facie case having been found against the appellant only charge‑sheet under sections 302/201 of the Bangladesh Penal Code was filed against the appellant and final report against the remaining accused......93) 75....... Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75.......s. The State .................................Respondent Judgment December 10, 1992. Case Referred To- Hazer Ali Mondal and others Vs. State, 37 DLR (AD) 87. Lawyers Involved: MA Wahab, Advocate ‑ For the Appellant. Fazlul Hoque Chowdhury, Advocate ‑ For the State. Cri..

Category: Criminal Law | Date: | Hits: 78

Bashir Ali and others Vs. State, 1992, 21 CLC (HCD)

....tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ......3. ......tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ......tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ..

Category: Criminal Law | Date: | Hits: 62

Superintendent & Remembrancer of Legal Affairs, Government of Bangladesh Vs. Siddique Ahmed, 1977, 6 CLC (AD)

....preme Court Appellate Division (Criminal) Present: Syed AB Mahmud Hussain CJ Kemaluddin Hossain J Fazle Munim J Superintendent & Remembrancer of Legal Affairs, Government of Bangladesh........Appellant Vs. Siddique Ahmed.........Respondent Judgment December 6,......on (Criminal) Present: Syed AB Mahmud Hussain CJ Kemaluddin Hossain J Fazle Munim J Superintendent & Remembrancer of Legal Affairs, Government of Bangladesh........Appellant Vs. Siddique Ahmed.........Respondent Judgment December 6, 1977. Lawyers Involved: ......deadly weapons like gun, sulfi, kocha, shola, etc. Accused Altaf Hussain was armed with a gun. These ac­cused came and joined three other accused and started abusing and beating on tin roof. Accused Abdul Ghani, Abdul Gaffar, Sid­dique Ahmed and others threatened Tofazzal Hossain that they would s......ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences. Ed. This Case also referred in: 31 DLR (AD) (1979) 29. ..

Category: Criminal Law | Date: | Hits: 74

Tamima Akhter (Mitu) Vs. Deputy Commissioner, Joypurhat and others, 2011, 40 CLC (HCD)

.... court directed to the trial court to make an arrangement to produce the victim Tamima Akhter Mitu and her father Mamunur Rashid along with Birth Register Book of the Registry office of Government of Bangladesh to confirm the date of birth as alleged to be dated 23.01.2008 or not. Accordingly today ......t High Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J Tamima Akhter (Mitu)…………………………………Petitioner Vs. The Deputy Commissioner, Joypurhat and others.…………Opposite parties Judgment Mar......the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ......the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 57

Mizanur Rahman Vs. State, 2011, 40 CLC (HCD)

.... investigation of the case, the learned concern court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ......gh Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J Mizanur Rahman ……………………………………………Petitioner Vs. The State………………………………………………………….Opposite party ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. The State………………………………………………………….Opposite party Judgment March 15, 2011. Lawyers Involved: Md. Abdul Hai, advocate-For the petitioner. Bashir Ahmed, Assistant Attorney General-For the opposite...... investigation of the case, the learned concern court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 67

Shahadat Hossen Vs. State, 2011, 40 CLC (HCD)

....t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... in: ......of 2010 corresponding Lohagara P.S. Case No.7 (9) 2010 under section 19A of the Arms Act, rejecting the prayer for bail of the appellant. 2. Prosecution case, in short is that on 9 .9.2010 one Md. Abdul Nabi lodged an FIR with the Lohagara Police station alleging that on 8.9.2010 at 11.45 p.m. so......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 66

Md. Lal Mia @ Chan Mia Vs. State, 2011, 40 CLC (HCD)

....produce any witness of the case, the trial Court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......Supreme Court High Court Division (Criminal Appellate Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J Md. Lal Mia @ Chan Mia …………..……………Appellant Vs. The State…………………………………..………….Respondent Judgment Apri......produce any witness of the case, the trial Court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......produce any witness of the case, the trial Court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 65

Md. Ayub and others Vs. State, 2011, 40 CLC (HCD)

....ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ......eported in: ...... the petitioner and as such we are inclined to enlarge the petitioner’s on bail. We find merits in this rule. 8. In the result, the rule is made absolute. The petitioners 1. Md. Ayub son of Late Abdul Yasin and 2. Md. Monir Hossain son of Abul Bashar may find bail on furnishing bail bond subjec......ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 48

State Vs. Md. Khosbar Ali, 2000, 29 CLC (HCD)

....e. It is directed that the said accused be transferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ......d in: 52 DLR (2000) 633. ......ecords at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ......e. It is directed that the said accused be transferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ..

Category: Criminal Law | Date: | Hits: 62

Abul Kalam Vs. State, 2011, 40 CLC (HCD)

....the appellant in jail hajot during the trial, would, however be deducted from his sentence. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......so Reported in: .....................Respondent Judgment April 5, 2011. Cases Referred To- 60 DLR 261, 5 BLC 492, 2 BLC (AD) 126, 5 MLR (AD) 362. Lawyers Involved: Not represented- the appellant. Shah Abdul Hatem, Assistant Attorney General. – For the respondent. Criminal Appeal No.2048 of 1993.......the appellant in jail hajot during the trial, would, however be deducted from his sentence. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 58

Abdul Ohid Vs. State, 2011, 40 CLC (HCD)

....to make the case ready, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......: ......amal J. - I agree. Ed. This Case is also Reported in: ......to make the case ready, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 64