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Muzaffar Hossain Sarker (Md.) Muzaffar Hossain Sarker (Md.) Vs. State, 2002, 31 CLC (HCD)
....far Hossain Sarker who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 711. ......elevant papers of the accused to the Deputy Director, Directorate of Primary Education, Dhaka. In his cross examination, he deposed that the papers submitted before the Deputy Director was not in his custody. He collected Intermediate pass certificate with relevant papers from his office. He cannot ..Category: Criminal Law | Date: 16 May, 2005 | Hits: 3
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
.... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ......he touchstone required for quashing a proceeding terming the confessional statement of accused Kazi Saiful Islam as one of exculpatory in nature and the same was obtained after he was taken to police custody on remand and for which the same could not be regarded as voluntarily as the same was o..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
.........................Appellant Vs. State ………….................................................Respondent Judgment April 19, 2005. Result: The Jail Appeal is allowed. Nari‑o‑Shishu Nirjatan Daman Ain(VIII of 2000) Section 9 (1) ......or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ..Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1
Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)
....ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ......s wife. It is further submitted that abscondence of the accused from the date of occurrence also indicates his complicity in the murder of his wife. It is further submitted that the victim was in the custody of the accused at the relevant time and the accused husband is under legal obligation to giv..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ......nd 3 live bullets and sentenced to suffer rigorous imprisonment for 14 years and 7 years respectively. It has been stated that after the judgment was. delivered the petitioners were taken to the jail custody and an application for certified copy was filed by the tadbirkar of the petitioner on 1.9.02..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
Mukul Vs. State, 2004, 33 CLC (AD)
.... against the judgment and order dated August 11, 2003 of a Division Bench of the High Court Division passed in Death Reference No. 44 of 2000 (heard along with Criminal Appeal No. 2839 of 2000 and Jail Appeal No. 2884 of 2000). The High Court Division upon dismissing the appeals accepted the ref...... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)
....lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264. ......l size on the right side of the neck below the above stated injury No.1 size 0.5" x 0.5" and one bruise 2" x 1" on right side of the back. In case of death of wife while she is in custody of her husband a heavy onus lies upon the husband to account for the death of the wife and h..Category: Criminal Law | Date: 18 May, 2004 | Hits: 3
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
.... Judgment February 17, 2004. Result: Death Reference No.43 of 2001 stands rejected. Criminal Appeal No.3459 of 2001 and Jail Appeal No.3887 of 2001 are dismissed. Cases Referred to- Abdul Bahar alias Abul Basha......paper without the narration of questions and answers and without complying with the provisions of section 164 of the Code of Criminal Procedure becomes inadmissible and the accused was kept in police custody for 3 days preceding his confession and the forwarding report mentioned injuries on his pers..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
....llip;Appellant Vs. Nazrul Islam @ Nazrul……………Condemned Prisoner Judgment January 20, 2004. Result: The Death Reference is rejected the Jail Appeal is allowed. Cases Referred to- Shamsul Haque alias Shamsul and others Vs. Stat...... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)
....o Appeal No. 17 of 2003. (From the Judgment and Order dated May 7, 2002 passed by the High Court Division in Death Reference No. 14 of 1998. (Heard along with Criminal Appeal No. 1106 of 1998 and Jail Appeal No. 2084 of 1998). Judgment Md. Ruhul Amin J.- Delay of 4 days is condoned. Th......dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)
....ructed by Mvi Md Wahidullah, Advocate‑on‑Record-For Respondent No. 1. Criminal Petition for Leave to Appeal No. 97 of 2003 with Criminal Miscellaneous Petition No. 13 of 2003 and Jail Petition No. 7 of 2003. (From the judgment and order dated 28‑1‑2003 pawed by the ......ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ..Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122
Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
....ted 27‑5‑2001 and 28‑5‑2001 passed by the High Court Division in Death Reference No. 14 of 1997 with Criminal Appeal No. 1704 of 1997, Criminal Appeal No. 1722 of 1997 with Jail Appeal No. 1720 of 1997 and Jail Appeal No. 1721 of 1997). Judgment &......ur Rezaque Khan, the learned Additional Attorney General, opposing the petitions, on the other hand, submits that this is a case of custodial death, death of the victim caused while she was in the custody of the accused, and therefore, the onus lies on them to explain the circumstances leading t..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......bsp; Mohammad Fazlul Karim J.- This appeal by leave is to consider as to whether the appellant could be enlarged on bail being in custody for almost six years without any trial as the further proceeding of the case has been staye..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....p;10 of the Act. In the result, the Rule is made absolute. Let the detenu Mahbubur Rahman, son of late Abdul Malek of Abdullahpur, West Para, Keraniganj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. ......ithin one hundred and twenty days from the date of the order of detention as mandated by section 10 of the Act, the order of detention has become illegal and the detenu is being detained in custody illegally and, as such, he is entitled to be set at liberty. Mr. M Amirul Islam submits that..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....inclined to allow the appeal and the appeal is accordingly allowed. Judgment and order passed by the High Court Division is hereby set aside and the Rule is made absolute. Superintendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith a...... and others................ Respondents Judgment June 9, 2002. An application under section 491 of the Code of Criminal Procedure is maintainable for custody of a minor to see that the minor is not held illegally and in an improper manner and in the..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
....t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ......d-appellant Hazrat Ali under section the Penal Code is set aside and he is acquitted of all the charges levelled against him. Let accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also R..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....neral and Mohd Abdul Baset, Assistant Attorney-General—For the State. Alauddin with Md. Bazlur Rahman, Advocates— For the Condemned Prisoner. Death Reference No. 12 of 1997 with Jail Appeal No. 1723 of 1997 Judgment Md. Joynul Abedin J. - This Death Reference No. 12 o...... case, however, the learned Additional Sessions Judge was satisfied on an application filed by the State Defence Counsel stating his own experience about the condemned prisoner when he saw him in the custody and also on an affidavit in this regard sworn before the Court by the wife of the condemned ..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).
....ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ......tioner on bail. Mr. Khandker submits that the petitioner is seriously ill and at the moment he is in Bangabandhu Sheikh Mujib Medical University Hospital. It is further submitted that from inside the custody the petitioner fought the last parliamentary election from Faridpur 2 Constituency and he ca..Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83
Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)
....to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......Rashid, Assistant Attorney‑General‑For the State. Criminal Miscellaneous Case No. 6449 of 2000. Judgment AK Badrul Huq J.- The accused-petitioner Mohashin Ali Pramanik now in jail custody in invoking this Court's Jurisdiction under section 498 of the Code of Criminal Procedur..Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
....here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ......ts anticipatory bail, must expressly make it a condition that if the petitioner commits any breach of the terms of bail, the Court concerned will be at liberty to cancel his bail and take him into custody………………………….(21) Per Latifur Rahman J (agreeing): Granting of an..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
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