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Sirajudullah and others Vs. State and others, 1995, 24 CLC (HCD)
....e impugned order or for ends of justice. In the result, the Rule is discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 48 DLR (1996) 76. ......site party No.2 Monir Chowdhury, before the Upazila Magistrate, Sadar Upazila on 24.6.90 alleging that the petitioners and four others, all police personnel, murdered one Kamal while he was in police custody. On receiving the complaint the Sadar Upazila Magistrate sent the matter to the Magistrate, ..Category: Criminal Law | Date: 1 Aug, 1995 | Hits: 109
Samirannesa Vs. Government of Bangla¬desh and Others, 1994, 23 CLC (HCD)
....f this Court on 5.12.1993 upon an application under section 491 CrPC asking the opposite parties to show cause as to why the detenu Md. Asadur Rahman @ Nabi Hossain, now detained in the Dhaka Central Jail should not be brought before this Court to be dealt in accordance with law and/or such other or......e pending criminal case and not wanted in connection with any other matter. Communicate this order immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 276 ..Category: Criminal Law | Date: 10 Mar, 1994 | Hits: 3
Zakir Hossain (Md.) @ Jakir Hossain Vs. State, 1994, 23 CLC (HCD)
....a and Azad who are already on bail granted by this Court be discharged from their bail bonds. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 287, 14 BLD (HCD)(1994) 509 ...... instance of the father of the victim girl and unusual in a criminal case where a statement of victim girl is recorded only when she is recovered by the police and produced before the Magistrate from custody. 5. In support of the case prosecution examined the informant Jasimuddin as P.W. 1, mar..Category: Criminal Law, Women and Children | Date: 8 Mar, 1994 | Hits: 1
Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)
....ar Saba be set at liberty at once, if not wanted in any other case. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 229 ......al on 18.5.1992. But before that date the accuseds surrendered before the Chief Metropolitan Magistrate on 13.5.92 and prayed for bail but their prayer was rejected and they were sent to the judicial custody. The learned Sessions Judge on receipt of the case records transferred the same to the Court..Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
....of the above we make the Rule absolute in Criminal Revision No.1336 of 1992 and discharge the Rule in Criminal Misc. Case No.536 of 1992. 45. We direct the Deputy Commissioner, Netrokona and the Jailor, Netrokona District Jail to release the victim girl Nurunnahar Khanom @ Sima Rani Chakrabarti......the Mymensingh Cantonment. She has further stated that if she was not allowed to go to her husband she would rather go to the hajat. Under the circumstances the Magistrate took the girl into judicial custody and directed that a medical examination was to be conducted to ascertain her age. 4. Th..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
.... be considered under section 561A of the Code of Criminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175 ...... SR Paul and further pointed out that Section 491 of the Code of Criminal Procedure could be taken recourse to by the convict if he can show that he has been illegally or improperly condemned to jail custody. He has referred to section 491 sub‑section (1) (b) and interpreted the words ‘in pu..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
Jahanara Begum Vs. State, 1993, 21 CLC (HCD)
....uddin Ahmed J. - By this application under section 491 of the Code of Criminal Procedure the detention of one Abdur Rashid, son of late Afezuddin Howlader, now detained in custody in Barisal District Jail, has been called in question. 2. The detenu, Abdur Rashid, was taken into custody in execu......993. Judgment Naimuddin Ahmed J. - By this application under section 491 of the Code of Criminal Procedure the detention of one Abdur Rashid, son of late Afezuddin Howlader, now detained in custody in Barisal District Jail, has been called in question. 2. The detenu, Abdur Rashid, was..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....69 SC 89 wherein it was observed as follows: "Gul Hassan & Bahadur Khan absconded from police custody after they were convicted by the trial Judge and were under transit to the District Jail while the latter (Bahadur Khan) was rearrested, the former is to this day a fugitive from law. ......ourt of Pakistan in the case of Gul Hassan and others Vs. The State, 21 DLR (SC) 89 = PLD 1969 SC 89 wherein it was observed as follows: "Gul Hassan & Bahadur Khan absconded from police custody after they were convicted by the trial Judge and were under transit to the District Jail whi..Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
.... Criminal Appeal No. 392 of 1989 Criminal Appeal No. 476 of 1989 Criminal Appeal No. 488 of 1989 Criminal Appeal No. 545 of 1990 Criminal Appeal No. 01 of 1990 and Jail Appeal No.669 of 1989. Judgment Muhammad Ansar Ali J.- Appellants (1) Abul @ Abul Hos...... Ali, P.W. 10, in pursuance of the said confessional statements, arrested some of the other accused persons and forwarded them to the court and then by the court's Order sent them to the judicial custody. During investigation a prima-facie case was made out against the accused persons and, accor..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)
....lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ......of the respondent No. 1 broke the lock of the petitioner and evicted the petitioner in his absence and removed all his materials including the printing machine and other article and kept those in the custody of one Sekander Ali Munshi stated to be the President of the Bazar Committee. This action of..Category: Criminal Law | Date: 25 May, 1992 | Hits: 107
Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)
....of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149. ...... a fine of Tk. 5,912.00. From the perusal of the record it appears that this appellant Syed Ali Mondal appeared before the learned Magistrate on 23.5.90 and since then he was on bail and was taken to custody on 15.1.91 with the pronouncement of the judgment by the trial Court. Thereafter, this court..Category: Criminal Law | Date: 20 May, 1992 | Hits: 2
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ......le involved is more or less the same as in section 239 (d). The prosecution case against the accused, a Reserve Inspector of Police, was that he carne on a visit to ‘R’ and took into custody two persons without any reason and then proceeded to ‘K’. Seeing some persons ou..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ...... of justice or to prevent the abuse of the process of the Court. 22. The decision in the present case depends on (a) whether the seized arms and ammunition or any of them were recovered from the custody and possession of the petitioner, (b) whether the arms and ammunition or any of them come wi..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
....1988. (From the judgment and order dated 10th February, 1986 passed by the High Court Division, Rangpur Bench, in Death Reference Case No. 6/83 with Criminal Appeal No. 191 of 1983 and Criminal Jail Appeal No. 205/83) Judgment MH Rahman J.- This appeal, at the instance of the State......espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ..Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
....e Referred to- Sheikh Minted Vs. The State 3, BSCR 417. Lawyers Involved: MA Wahab Miah, Advocate-For the Appellant. B Hossain, Advocate-on-Record - For the Respondents. Jail Appeal No. 1 of 1990. (From the judgment and order dated 10th and 11th August, 1986 passe......is maternal father-in-law Yasin promised to pay him Tk. 600.00 if he could get some one. to kill his step brother-in-law Sharitullah with whom he had some land dispute. Waziar engaged one was in jail custody. He took taka 200.00 as advanced from Yasin for getting that man bailed out from jail. Be4fo..Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84
Kazi Abdul Jalil Vs. Jashim Munshi and another, 1990, 19 CLC (AD)
.... The impugned order of the High Court Division is set aside and that of the Sessions Judge is restored. The appeal is allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ...... have been definitely mentioned., that is, it would have been provided that if the pending investigation is not completed within 90 days, further investigation shall be stopped and the accused, if in custody, shall be released. Lawyers Involved: Joynul Abedin, Advocate, instructed by Md. ..Category: Criminal Law | Date: 6 Aug, 1990 | Hits: 50
Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)
....and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ...... while obtaining the Rule that she had given birth to a female child barely 5 months ago and that it would be injurious to the health of the baby and the appellant both to be placed under any type of custody at that critical stage. The High Court Division ought to have appreciated that in such circu..Category: Criminal Law | Date: 14 Feb, 1990 | Hits: 58
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
....roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ......arrested 3 persons from a mini truck and forwarded to the Tangail Court. On such information the Investigating Officer went to the Ghatail PS and thereafter to the Tangail Sadar Court and took in his custody the said 4 electric motors and he arrested the accused Jamal and Abdur Rouf and after examin..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)
....der of conviction and sentence passed by the Additional Divisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ...... from Law Lexicon and the judge made law. Wharton in his Law Lexicon quoted the definition of 'imprisonment' given by Tomlin as under: "Imprisonment the restraint of a person's liberty under the custody of another. It extends in law to confinement not only in jail, but in a house, or stocks, or..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....bail matter was taken up on the 27th June, 1987 by the Tribunal. On that dale he was granted bail at about 3.30 P.M. Since the bail bond could not be executed on that, date he was sent to the Central Jail and on that evening at about 5 P.M. the detenu was served with the impugned order of deten......f detention after long eight months. It is the detention which is to be considered and not the order of detention, inasmuch as, the constitutional obligation is to see; 'that is not being held in custody without lawful authority or in unlawful manner." Malafide vitiates everything. The conc..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
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