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Mainuddin Vs. State and another, 2010, 39 CLC (AD)

.... no error of law in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......g the rule. 2. The petition arises out of the following facts. One Md. Sukur Ali lodged a First Information Report (F.I.R.) with the Doulatpur Police Station on 11th April, 2005 against the eight accused persons alleging that on 27th March, 2005 at about 9.30 p.m. accused Linkon and Altaf called..

Category: Criminal Law | Date: | Hits: 66

Mohammad Golam Rabbani and another Vs. Government of People's Re­public of Bangladesh, 1978, 7 CLC (AD)

....nd the observations in paragraphs 10-15 in entirely are expunged. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 163.......e appellants before the High Court Division. 2. Facts relevant for the disposal of this appeal may set out as follows: The appe­llants were engaged to represent before the High Court Division the accused appellants in two Criminal Appeals being Criminal Appeal Nos. 114 and 115 of 1974. This Judg..

Category: Others | Date: | Hits: 145

Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)

....time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......d lodged an ejahar with Ramna Police Station on 23-9-92 under sections 468/471/420/109 of the Penal Code, stating, inter alia, that the offences under the aforesaid sections had been committed by the accused some time in June, 1984. 4. After due investigation a charge-sheet was filed on 30-8-93 a..

Category: Criminal Law | Date: | Hits: 71

Aslam Vs. State, 1998, 27 CLC (HCD)

....ibunal Judge will, however, be at liberty to cancel the bail, if he finds any misuse of the privilege of bail by the accused-appellant. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 161.......ted the appellant’s prayer for bail. 2. The prosecution case, in short, is that, one Md. Awal Hossain Khan and Moniruzzaman SI of Police Narayangonj PS along with their party raided the house of accused-appellant Aslam in a 3rd floor flat of 4 storied building belonging to one Sirajul Islam at ..

Category: Criminal Law | Date: | Hits: 65

Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)

....undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ......he Special Powers Act, 1974. 2. The prosecution Case in short, is that one Md. Nazir Hossain, Sub-inspector of Police, incharge Champaknagar Police Camp, Brahmanbaria Police on production arrested accused, Md. Akkas Mia, with 300 bottles of Indian Phensidyl and lodged an FIR on 7-7-2008 at 10-25 ..

Category: Criminal Law | Date: | Hits: 110

Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)

.... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ......f the Special Powers Act, 1974 has been preferred against the Judgment and order dated 9-11-05 passed by the special Tribunal No.7, Narayanganj in special Tribunal Case No.184 of 2005, convicting the accused under section 19(A) and (f) of the Arms Act sentencing him to suffer rigorous imprisonment f..

Category: Criminal Law | Date: | Hits: 79

State Vs. Md. Shahidul Islam and others, 2011, 40 CLC (AD)

....of the High Court Division acquitting the accused-respondent No.1 of the charge under sections 302/34 of the Penal Code and the other respondents under sections 324/34 of the Penal Code including the absconding accused persons, some of whom were charged under sections 302/34 of the Penal Code. 2.......Division in Criminal Appeal No. 726 of 2006.) Order Surendra Kumar Sinha J. - State seeks leave from this Division to file appeal against the judgment of the High Court Division acquitting the accused-respondent No.1 of the charge under sections 302/34 of the Penal Code and the other responde..

Category: Criminal Law | Date: | Hits: 69

State Vs. Lieutenant Colonel Syed Farook Rahman (Rtd.) and others, 2011, 40 CLC (HCD)

....executed, and therefore, these petitions have been abated. In view of the submission of the learned counsel, these petitions are dismissed as being abated. Ed. This Case is also Reported in: ......se appeals arose out of the judgment and order dated 20th October, 2004 of the learned Metropolitan Sessions Judge, Dhaka in Metropolitan Sessions Case No.7 of 1999. The High Court Division found the accused-respondents not guilty of the charge under sections 302/109 of the Penal Code and acquitted ..

Category: Criminal Law | Date: | Hits: 85

Chutta Miah Vs. State, 2004, 33 CLC (HCD)

....ne Abdul Awal, the elder brother of the informant in the aforesaid Sessions Case No. 104 of 2001 under sections 302/34 of the Penal Code. 3. During trial the accused petitioner Chutta Mia remained absconding. He was arrested on 14‑2‑2004 and produced before the Court on 17‑2‑2004. Meanwhi...... Assistant Attorney General, with Fahema Nasrin, Assistant Attorney General - For the State. Criminal Revision No. 294 of 2004. Judgment Aftal Hossain Ahmed J. - This Rule at the instance of accused petitioner Chutta Mia is directed against the order dated 19‑2‑2004 passed by the Additi..

Category: Criminal Law | Date: | Hits: 68

Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)

....d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607.......biul Karim, Assistant Attorney General ‑ For the Opposite Party State. Criminal Miscellaneous Case No. 3419 of 2003. Judgment Md. Hassan Ameen J. - This Rule was issued, at the instance of accused-petitioners Abdul Mataleb Howlader and six others, calling upon the Deputy Commissioner, Pat..

Category: Criminal Law | Date: | Hits: 86

Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)

....with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......Dinajpur, proprietor of "Azad Bastraloy". Subse­quent thereto the case was received by the Special Tribunal for trial wherein charge was framed under section 25B(2) of the Special Powers Act and the accused being absent, the trial was held in absentia and the aforesaid order of conviction and sente..

Category: Criminal Law | Date: | Hits: 73

Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)

....the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ......Rahim Khan, Sub‑Inspector of Police under Pallabi Police Station, Dhaka Metropolitan Police alleging, inter alia, that on 7‑3‑2004 in the evening a meeting took place at Proshika Bhaban where 7 accused persons including the petitioner were present and in the said meeting the petitioner disclos..

Category: Criminal Law | Date: | Hits: 81

Hasan Rony Vs. State, 2004, 33 CLC (HCD)

....d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ...... then undergoing treatment. 8. This confession was recorded on 18‑4‑2002, on which date, the appellant was not fully recovered as appeared from the testimony of PW 2. PW 5 stated in cross that accused Rony was found in injured condition in the room. PW 7 stated in cross that at the time of se..

Category: Criminal Law | Date: | Hits: 128

Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)

.... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39.......No.1 to leave his office. The respondent No.1 then filed two separate complaints men­tioned above under section 138 of the Negotiable Instruments Act, 1881 on 16-7-2007. 4. The petitioner who was accused in both cases appeared before the Metropolitan Magistrate, Chittagong prayed for and obtaine..

Category: Criminal Law | Date: | Hits: 75

Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)

....eld thus: "It appears from the report of the D.I.G. Prison, Dhaka (his letter No.526/RB dated 26.1.77) that accused appellant Khalilur Rahman escaped from the jail custody on 17.12.71. He is still absconding. He is thus a fugitive from justice. In view of the decision dated 13.4.78 of the Special......0.8.86 passed by the Additional Sessions-Judge, 3rd Court, Dhaka in Criminal Appeal No.306 of 1984 affirming those passed by the Metropolitan Magistrate, Dhaka in P.Case No. 422a/83, convict­ing the accused petitioners under section 420 of the Penal Code and sentencing them there under to suffer R...

Category: Criminal Law | Date: | Hits: 95

M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)

....cu­ments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ......ের ২৫বি(১)ধারা মোতাবেক শাস্তিযোগ্য অপরাধ করিয়াছেন।” The aforesaid charge was read over and explained to the accused appellant who pleaded not guilty and claimed to be tried. To prove the charge the prosecu­t..

Category: Criminal Law | Date: | Hits: 87

Basiran Bewa Vs. State, 2004, 33 CLC (HCD)

....titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ...... SM Aminul Islam, Assistant Attorney General - For the Opposite Party. Criminal Miscellaneous Case No. 5841 of 2003. Judgment AKM Fazlur Rahman J. - This Rule was issued at the instance of accused‑petitioner Basiran Bewa on an application under section 561A of the Code of Criminal Proce..

Category: Criminal Law | Date: | Hits: 81

Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)

....he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ......f in writing signed by the presiding officer of the Court and shall forward the same to a Magistrate of the First Class having jurisdiction, and may take sufficient security for the appearance of the accused before such Magistrate or if the alleged offence is non-bailable may, if it thinks necessary..

Category: Criminal Law | Date: | Hits: 82

Khondaker Fazlul Haque and another Vs. State, 2003, 32 CLC (HCD)

....inclined to quash the proceeding at this stage. Accordingly, the Rule is discharged. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 166. ......R (AD) 48. In a proceeding under section 561A this court cannot be drawn in an enquiry as to the truth or otherwise of the facts which are not in the prosecution case. In this case whether other co­-accused had any role in the transaction or whether they abetted the principal offenders are the ques..

Category: Criminal Law | Date: | Hits: 93

Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)

....d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ...... 2. The facts relevant to dispose of the Rule, in short, is that Advocate Md. Siraj filed a complaint petition before the Court of Chief Metropolitan Magistrate, Chittagong, on 05.04.2004 against the accused petitioner along with 6 others alleging, inter alia, that his son Musa Binn Siraj aged about..

Category: Criminal Law | Date: | Hits: 76