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S. M. Emdadul Hossain (Bulbul) Vs. Jinnur Hosain and another, 2005, 34 CLC (AD)
.... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ...... complainant being examÂined on oath, the learned Magistrate issued summons against the petitioner under Section 138 of the Act and the accused petiÂtioner has been released on bail. At the time of hearing as to framing of charge the petiÂtioner filed an application to discharge him under section..Category: Criminal Law | Date: | Hits: 36
Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)
....has been mentioned above, we do not find that the High Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ......2 by the investigating officer. On behalf of the respondent State a Naraji petition was filed before the learned Senior Special Judge, Sirajganj on 25.6.2003. The learned Senior Special Judge after hearing the parties issued summons under section 409/109 of the Penal Code and 5(2) of Act II of 1..Category: Criminal Law | Date: | Hits: 39
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
.... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ......ter recording evidence convicted four accused including the petitioner and aforesaid Majibul Hoque. Appeals were filed before the High Court Division by the convicts and the High Court Division after hearing the parties disposed of the appeals by the impugned judgment whereby accused Syed Shamsuddin..Category: Criminal Law | Date: | Hits: 50
Mizanur Rahman alias Mithu and anothÂer Vs. State, 2006, 35 CLC (AD)
....granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......itioners are liable to be set aside. 6. Lastly, he submits that P. W. 9 Abdul Kader is 60 years old close neighbour of the informant who arrived at the place of occurrence first on hearing hue and cry and saw burn injuries on the body of victim Monira alias Khushi. He stated in ..Category: Criminal Law | Date: | Hits: 48
Md. Golam Mostafa alias Gholam Mostafa and others Vs. State, 2005, 34 CLC (AD)
....sideration. Preparation of paper book is dispensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ......f the Code of Criminal Procedure and on 17.8.1999 submitted Final Report against the accused petitioners. On receiving the police report the Tribunal, however, took cognizance and after hearing the parties framed charge under Sections 9 (Kha)/14 of the Act against the accu..Category: Criminal Law | Date: | Hits: 29
Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)
....satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ......the chest with a knife causing bleeding injuries and as a result the victim feel down on the ground, the accused persons, thereafter filed away when the people were coming from around on hearing hue and cry of the victim. The companion and the other local people took the victim to Rajb..Category: Criminal Law | Date: | Hits: 43
Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)
....nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ......enced him there under as already mentioned above. The accused petitioner moved the High Court Division in Criminal Appeal No. 1748 of 2000 and a Division Bench of the High Court Division after hearing the parties by the impugned judgment and order dismissed the appeal. Hence is this pet..Category: Criminal Law | Date: | Hits: 52
Mainul Islam Vs. State and others, 2006, 35 CLC (AD)
....e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ......he learned Magistrate summarily and then the petitioner moved the learned Sessions Judge in revision against the aforesaid order of the learned Magistrate and the learned Sessions Judge after hearing the parties directed further investigation and being aggrieved the accused respondent ..Category: Criminal Law | Date: | Hits: 41
Dulal @ Md. Dulal Talukder and another Vs. State, 2006, 35 CLC (AD)
....with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......aper book is dispensed with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Criminal Law | Date: | Hits: 27
Shahabuddin Vs. State, 2006, 35 CLC (AD)
.... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dismissed. Ed. ......tion 561A of the Code of Criminal Procedure praying to quash the proceeding, which was registered as Criminal Miscellaneous Case No. 12022 of 2003 and a Division Bench of High Court Division after hearing the petitioner rejected the petition summarily as already mentioned above. Hence is th..Category: Criminal Law | Date: | Hits: 45
Samar Uddin and another Vs. State, 2006, 35 CLC (AD)
.... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ......whereupon accused Sipar and Aziz protested and asked him not to make such abuse with filthy language for a jack fruit and .at one stage it turned into a severe altercation between them and on hearing the hue and cry, the other accused persons including the petitioners came to the place..Category: Criminal Law | Date: | Hits: 84
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......r help. Petitioners and others entered into that house and chased the informant’s brother from Abu Khan Lane to Haji Mohsin Road. At that time the informant and his brothers P.Ws. 2 and 3 on hearing alarm rushed for the rescue of their brother Hafez Shaikh Md. Abdul Wahed and when they rea..Category: Criminal Law | Date: | Hits: 25
Habibur Rahman alias Habu and othÂers Vs. State, 2006, 35 CLC (AD)
....But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ......thereafter other accused assaulted Shukur Ali indiscriminately with rods and lathi and accused Habibur Rahman dealt a kiriz blow on the chest of Shukur Ali and the victims then raised hue and cry, hearing the same, some witnesses appeared and the aforesaid Sabdar Ali and his companion Moslem wer..Category: Criminal Law | Date: | Hits: 31
A. Motaleb Howlader Vs. State, 2006, 35 CLC (AD)
.... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ...... Rule and an 'order of ad-interim bail for a period of six months was also passed which was extended from time to time till the disposal of the Rule on 27.01.2004 and the High Court Division after hearing the parties discharged the Rule by the aforesaid order and directed the petitioner to surre..Category: Criminal Law | Date: | Hits: 47
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......Advocate, who entered Caveat for the respondents. We have noticed with disappointment that the impugned judgment suffers from deviation of the usual norms which are required to be followed in the hearing of an appeal and in considering a case based entirely on circumstantial evidence. For go..Category: Criminal Law | Date: | Hits: 129
Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)
.... 6. It is further submitted that the Magistrate accepted the report of the District Anti-corruption Bureau (D.A.B.) which was not called for and that the petition of complaint was sent only for preliminary inquiry and without lodging separate First Information Report (F.I.R.) the Magistrate ......etitioner appeared before him and prayed for bail on the ground among other that the aforesaid G.R. Case is not maintainable against him as the same is barred under the law and the Magistrate upon hearing enlarged the petitioner on bail and fixed the date for hearing as to framing of charge. ..Category: Criminal Law | Date: | Hits: 37
Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)
....ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ......ision case No.259 of 1986 is still pending. These facts are not disputed. 4. Rule 7 in Chapter II of Part I of the Rules of the High Court Division provides as follows; A Division Court for the hearing of cases on appeal, reference, or revision in respect of the sentence or order of any Crimin..Category: Criminal Law | Date: | Hits: 40
S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)
....for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is disÂmissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ......her suits filed by the School authoriÂties, the complainant's party were restrained by temÂporary injunction from entering into the suit land which belongs to the School. The learned Judges afÂter hearing the parties took the view that the disputÂed questions of fact involved in the case cannot ..Category: Criminal Law | Date: | Hits: 39
Serajul Hoque (Md.) Vs. State, 1989, 18 CLC (AD)
.... till disposal of Criminal Appeal No. 179 of 1986 now pending in the High Court Division. Realisation of fine is also stayed till then. Ed. This case is also reported in: 42 DLR (AD) (1990) 52. ......nst him is that while acting as the Jute Input Supply Officer he received Taka 15,532'25 paisa from different loanees, but he misappropriated the same. The High Court Division admitted his appeal for hearing, but refused to grant him bail. 3. The learned Counsel for the appellant subÂmits that b..Category: Criminal Law | Date: | Hits: 34
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....who came to the P.O. focusing torch were Abu Saleh (P.W.6) and Abdul Malek (P.W.3) and there were others. 34. P.W.12 Harunur Rashid, Daroga of Banshkhali P.S. recorded the F.I.R., held inquest and preliminary enquiry and sent the dead body to Chittagong Medical College Hospital for postmortem exÂ......f the victim Siraj who named the assailants and invoked their mercy; by focusing his torch light, Informant and his two companions, (P.Ws. 4 and 5) recognised the assailants. Almost siÂmultaneously, hearing the cry of Siraj, P.Ws. 3 and 6 came from the west and by focusing their torch lights recogn..Category: Criminal Law | Date: | Hits: 52
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