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

.... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441.......ht following 263.92 at about 1‑30 AM and intentionally committed the murder of deceased Abdul Aziz in the manner stated above. 5. The accused persona pleaded not guilty to the charges. 6. The prosecution examined 11 witnesses and the defence examined none. 7. The learned Additional Sessio..

Category: Criminal Law | Date: | Hits: 112

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

....r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431.......us hurt to P.W.6 Khatibuddin. 3. The incident which gave rise to the instant Sessions case occurred in a paddy field bearing plot No.2718 within mouza Damihari on 8.9.86 at about 9‑00 AM. The prosecution case is that all the fourteen accuseds entered into the said paddy field owned and posse..

Category: Criminal Law | Date: | Hits: 86

Kazi Ibrahim alias Ibrahim Kazi Vs. State, 1989, 18 CLC (HCD)

....e charge as leveled against him. He is directed to be released from the bail bonds immediately. Send down the LC records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 524. ......e, in Special Tribunal Case No.30 of 1984 con­victing the appellant Kazi Ibrahim alias Ibrahim Kazi along with others, under section 19A of the Arms Act read with Special Powers Act, 1974. 2. The prosecution-case is that the complainant Aftabuddin, Assistant Leader of Jatiya Rakkhi Bahini (JRB) ..

Category: Criminal Law | Date: | Hits: 97

Mrs. Nabila Chowdhury Vs. Government of the Peoples Republic of Bangladesh & another, 1988, 17 CLC (HCD)

....a now detained in Dhaka Central Jail, Dhaka be released and set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 345. ......ion is whether it is open to the detaining authority to choose two parallel proceedings against the detenu as in this case. The fact that the ground of detention could be a subject-matter of criminal prosecution is not enough to vitiate a detention order if the detain­ing authority does not choose ..

Category: Criminal Law | Date: | Hits: 100

Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)

....s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......absentia, as the appellant was found absent from the very initiation of the case. The trial Court also appointed a State defense lawyer to defend the accused in trial. In order to prove its case, the prosecution examined as many as twelve witnesses. After closing the prosecution, the appellant could..

Category: Criminal Law | Date: | Hits: 102

Md. Seru Mia and another Vs. State, 2011, 40 CLC (HCD)

....in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ...... learned Sessions Judge framed charge against the appellants under sections 489B/489C of the Penal Code by his order dated 12.2.1995, to which they pleaded not guilty and claimed for trial. 4. The prosecution, in order to prove its case, examined as many as nine witnesses including the Informant,..

Category: Criminal Law | Date: | Hits: 111

Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......য়নের উদ্দেশ্যে আনীত বিল and accordingly Money Laundering Protirodh Ain, 2009 (Act No. VIII of 2009) (in short, the Act) was passed by the Parliament. 4. The prosecution case is that on 26-10-2009, one Md. Ibrahim, Assistant Director, Special Enquiry and Inv..

Category: Criminal Law | Date: | Hits: 112

Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)

....ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ......n 302 of the Penal Code and proceeded with trial in absentia, as the appellant in the meantime was released on bail and thereafter did not turn up to face the trial. 3. In support of its case, the prosecution examined as many as eleven witnesses out of sixteen, who were cited as such in the charg..

Category: Criminal Law | Date: | Hits: 101

SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)

....ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ...... He also submits that as the accused-peti­tioner is a responsible officer holding the post of Deputy Director of Anti-Corruption Commission there is no chance of his absconsion or to tamper with the prosecution witnesses in any manner. In this regard the learned Advocate referred a decision, report..

Category: Criminal Law | Date: | Hits: 111

Anwar Ali Vs. State, 1987, 16 CLC (HCD)

....ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ...... and the name of his wife or in the name of his benamdar. The accused-appellant sur­rendered to custody and executed vokalatnama on 7.4.87 and preferred this appeal on 2.5.87. 2. The case for the prosecution, in short, is that Mrs. Akhtar Monjura Begum as Managing Di­rector M/S. M.A. Rashid, Ab..

Category: Criminal Law | Date: | Hits: 108

Soleman & Others Vs. State, 1989, 18 CLC (HCD)

....umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ......to the bank of the river Khoai. On the following day, namely on Saturday, the dead body of Akal Miah was found floating in the river Khoai with multiple injuries on his person. It is al­leged by the prosecution that due to enmity Akal Miah was abducted and murdered by the accused per­sons. 3. T..

Category: Criminal Law | Date: | Hits: 141

Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)

....judgment and order be transmitted to the Secretary, Ministry of Home Af­fairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ...... released forthwith. The relevant portions of the judgment with regard to the grounds of detention dated 25.8.88 are as follows:— "Ground No.1 being the subject matter of an independent criminal prosecution could not have been taken as a ground of the impugned or­der of detention and on this g..

Category: Criminal Law | Date: | Hits: 107

Chand Miah & Others Vs. State, 1989, 18 CLC (HCD)

....f 1987 now pending before the Court of the Special Tribunal No.11, Bogra be stopped and the accused petitioners be released forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 97. ......ply to the proceedings of Spe­cial Tribunals, and such Special Tribunal shall have all the powers conferred by the Code on a Court of Session exercising original Jurisdiction and a person conducting prosecution before such Special Tribunal shall be deemed to be a Public Prosecutor." 6. There is ..

Category: Procedural Law | Date: | Hits: 112

Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)

....accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ...... Advocate for the petitioner, submits that the learned Sessions Judge committed error in refusing to allow further investigation of the case as new and important materials am coming in support of the prosecution cases and he ought to have allowed the petition under section 173(3A) of the Code of Cri..

Category: Criminal Law | Date: | Hits: 99

State Vs. Lokman Miah, 1995, 24 CLC (HCD)

....the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ......earned Judge after sentencing the accused to death submitted the death reference being Death Reference No.12 of 1992 under section 374 CrPC, for confirmation of the sentence by this Court. 2. The prosecution case, in short, is that accused Lokman Miah was an armed guard of Janata Bank, Kanchpur ..

Category: Criminal Law | Date: | Hits: 73

Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)

....of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148.......was to be stopped. Had the matter been brought to the notice of the concerned Magistrate and order stopping further investigation and releasing the accused persons passed on 3.4.90 or thereafter then prosecution could have got the case revived by filing an application to the District Magistrate. Law..

Category: Criminal Law | Date: | Hits: 82

Syed Nazakat Hossain alias Ujjal Vs. State, 1995, 24 CLC (HCD)

....acquitted thereof. Convict appellant Syed Nazakat Hossain alias Ujjal must be set at liberty at once if not wanted in and other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 139. ......injury from an unknown assailant. 3. Police investigated the case and ultimately, on 21.8.91 submitted charge sheet against the appellant and another under sections 302/109 BPC. 4. At the trial prosecution through its witnesses alleged that the appellant Nazakat Hossain alias Ujjal murdered sa..

Category: Criminal Law | Date: | Hits: 88

SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)

.... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582.......s knowledge or consent or that he exercised all due diligence to prevent the commission of the offence, be deemed to be guilty of such offence." 21. Section 64 which provides for institution of prosecution and the offences reads as follows: "64. Trial of offences.‑ No Court other than ..

Category: Labour and Industrial Law | Date: | Hits: 176

M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)

....cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......ed up by separate judgments. 7. In this Rule quashment has been sought for by accused petitioner MM Rahmatullah, former Chairman of DIT (RAJUK), on the ground that the materials produced by the prosecution and the evidence collected by the investigating Agency do not disclose any offence of cr..

Category: Criminal Law | Date: | Hits: 81

Shamsur Rahman alias Shamsu Moral and another Vs. State, 1998, 27 CLC (HCD)

....tion 561A of the CrPC for the ends of justice. Accordingly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 338.......cate for the appellant Mr. Md. Abdul Hoque prayed before the Bench taking up the matter that “he has instruction not to proceed with the appeal.” Upon such prayer the appeal was dismissed for non-prosecution by the Bench presided over by B Zaman, J. Thereafter this application filed by the convi..

Category: Criminal Law | Date: | Hits: 91