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State Vs. Golam Sabbir Shown, 2011, 40 CLC (AD)
....legally entitled to bail. 6. We have heard the learned Additional attorney General, perused the F.I.R. and the impugned judgment. The High Court Division noticed that the confessional statement is exculpatory in nature, and as the respondent is not named in the FIR, he deserved to be enlarged on ......l. 5. Mr. Momtazuddin Fakir, learned Additional Attorney General, appearing for the state submitted that the High Court Division erred in law in enlarging the accused respondent on bail who made a confessional statement which is inculpatory in nature. He further submits that the confessional st..Category: Criminal Law | Date: | Hits: 98
State Vs. Kazol, 2011, 40 CLC (HCD)
.... discrediting the evidentiary value of the confessional statements by reason of these not being subjected to any cross-examination, has argued that Kazol’s case is in fact unduly pitted against the exculpatory statements of the confessing accused persons to his detriment with Kazol’s abscondence......emned Prisoner Kazol to the same and hence the commission of the offence. 6. It is at this juncture that this Court deems it prudent to consider yet another feature of this case being a series of confessions made by four accused persons being Krishna Dutta, Shibu Sen, Manik Sheikh and Akhtar Dha..Category: Criminal Law | Date: | Hits: 106
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....ng for the State, found it difficult to support the conviction and sentence of the accused appellant. The learned DeputyAttomey General conceded that the confession of the accused appellant No.1 is exculpatory. He candidly admits that the prosecution case suffers from inherent lacunae and infirmit...... and seized the alamats. In course of investigation the ASI out of suspicion arrested appellant No.1 Md. Akhtar Hossain who made statement before the police and the public. The said accused also made confessional statement before the Magistrate stating that he along with other condemned prisoner Md...Category: Criminal Law | Date: | Hits: 110
State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)
....the condemned accused Nurul Hoque was very strained. He has further submitted that the statement of accused Semona recorded under section 164 CrPC Ext. 2 is not a confessional statement because it is exculpatory and therefore not admissible in evidence under the law. It has been further stated that ......along with section 201 of the said Code and this was a charge against others also. 4. At the trial the prosecution examined 14 P.Ws. and tendered three. The defence examined none. At the trial the confessional statement of Semona Khatun and Abdul Haque was exhibited, so also the medical report. T..Category: Criminal Law | Date: | Hits: 76
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....He thus corroborates the involvement of the accuseds in the commission of the offence. Nothing could be elicited by way of cross‑examination from these prosecution witnesses which can be said to be exculpatory circumstances sufficient to cast a reasonable doubt about the statements of these prosec......r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267...Category: Criminal Law | Date: | Hits: 111
Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)
....s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ......titioner No. 1) and (4) Chandra Rani Saha, (petitioner No.2) for offences under sections 467/468/471/419/34 of the Penal Code. 4. During the investigation, co‑accused Shamsul Huq made a judicial confession before a Magistrate and the Hand‑Writing Expert opined that the impugned document was f..Category: Criminal Law | Date: | Hits: 83
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
....He thus corroborates the involvement of the accuseds in the commission of the offence. Nothing could be elicited by way of cross‑examination from these prosecution witnesses which can be said to be exculpatory circumstances sufficient to cast a reasonable doubt about the statements of these prosec...... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ..Category: Criminal Law | Date: | Hits: 68
Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)
....ideration of materials on record. In the result, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519....... charge‑sheet was submitted on 23.4.1987 against only one accused named Jharu Meah and final report was submitted against the petitioners. After being apprehended accused Jharu Meah made a judicial confession before a Magistrate admitting that he was a member of the Sharbahara party and he killed ..Category: Criminal Law | Date: | Hits: 67
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
....side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512.......Kaoser by revolver shot. It is further submitted by the learned Advocate that in absence of any direct evidence to prove the murder of Kaoser, prosecution relied on circumstantial evidence and on the confessional statement of the condemned prisoner. Further submission made by Mr. Huq is that all the..Category: Criminal Law | Date: | Hits: 93
Farid Karim Vs. State, 1992, 21 CLC (HCD)
....rned Advocate for the appellant then pointed out that the statement made by the condemned prisoner is not wholly inculpatory. It contains statements which are partly inculpatory but some portions are exculpatory. Then the question arises whether the confession which is partly inculpatory and partly ......ase of the defence was that Tutul might have been murdered by some other persons who in order to save themselves concocted the story of bangles and falsely implicated the accused persons. The alleged confession is neither voluntary nor true. 5. The learned trial Court after examination of the wit..Category: Criminal Law | Date: | Hits: 84
Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)
....dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ......ty. Criminal Revision No. 243 of 1986. Judgment Anwarul Hoque Choudhury J. - This Rule is directed against an order admitting into record, in a pending trial, certain statements, recorded as confessional statement of the accused persons. 2. The Rule was issued to show cause as to why the..Category: Criminal Law | Date: | Hits: 74
State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
....nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ......ge of the Police Station himself lodged a First Information Report on 3.1.86 at 8‑15 PM and took up the investigation. He secured the arrest of the condemned prisoner. The condemned prisoner made a confessional statement on 18.1.85 before the Upazila Magistrate, Agailjhara. 6. After the complet..Category: Criminal Law | Date: | Hits: 81
....ned Advocate for the petitioner. On the contrary they go against him.
In the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 223.
......2 worker on such an important admission against his own interest. To our horror we find that to help the employer the domestic enquiry officer went to the extent of falsely fabricating and creating a confession type statement of the victim worker in a question and answer form beyond the knowledge of..
Category: Employment/Service Law | Date: | Hits: 89
Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)
....y were not even aware that Sabdul would be done to death. In this circumstances the learned Advocate for the appellants has argued the confessional statement made by the accused Nazrul and Kashem are exculpatory so far as the murder is concerned. Their statements if at all could be taken as admissio......mination found that the injuries were ante‑mortem and homicidal in nature. In course of investigation accused appellant Nazrul and accused Kashem was arrested on 4.5.85. Both these two accused made confessional statement before the Upazila Magistrate, Kaliganj to Mr. AFM Abdus Sattar, P.W.5, who r..Category: Criminal Law | Date: | Hits: 86
Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)
....ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ...... village. Thereafter, accused Sohel himself brought out the chopped off heads and legs of both the victims from a hole in the compound of his house. In due course, the accused Sohel made a judicial confession inculpating himself and the co-accused Hannan, Hanif and Mannan in the commission of th..Category: Criminal Law | Date: | Hits: 84
Bashir Ali and others Vs. State, 1992, 21 CLC (HCD)
....tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ......f the case, but P.W.15 Mosharraf Hossain, another sub‑inspector of police, submitted charge sheet. 3. During the investigation accused appellants Bashir, Asadullah, Hashir, Moshai and Aftab made confessional statements before P.W.16 Mr. Abdur Awal, Maziurate First Class, to the effect that they..Category: Criminal Law | Date: | Hits: 62
Pavel @ Faysal Ahmed Vs. State, 2011, 40 CLC (HCD)
.... the trial of the case, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......s that the petitioner is quite innocent about this matter and he has been falsely implicated in this case only to harass the petitioner and there is no eye witnesses in this case and no body make any confession for implicating him and the allegation against the petitioner does not support the postmo..Category: Criminal Law | Date: | Hits: 48
Md. Hukum Ali Mollah Vs. State, 2011, 40 CLC (HCD)
....ioner in this case save and except the confession of the petitioner there is nothing to implicate him in the so-called incident but on perusal of the confessional statement it will appear that it was exculpatory in nature and petitioner has got fair chance of acquittal in this case and the co-accuse......e under section 302/201/109/34 of the Penal Code an FIR was lodged on 30.4.2007 against 4 accused persons wherein the petitioner was not named there but was arrested on 4.5.2007 and thereafter made a confessional statement and accordingly he was implicated in this case. 3. Thereafter he moved for..Category: Criminal Law | Date: | Hits: 66
Md. Raju Sheikh Vs. State, 2011, 40 CLC (HCD)
....y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......e petitioner moved for bail but failed, he then obtained the instant rule. 4. The learned advocate appearing for the petitioner submits that the petitioner is not the FIR named accused, but made a confession after being arrest. On perusal of the confessional statement it will appear that the peti..Category: Criminal Law | Date: | Hits: 56
Md. Zamal Hossain alias Nata Zamal alias Zamal Vs. State, 2011, 40 CLC (HCD)
....ule. 4. The learned advocate appearing for the petitioner submits that the petitioner is in custody since 21.6.2008. On perusal of the confessional statement it will appear that the confession is exculpatory in nature and the appellant has got fair chance of acquittal in this case. He further su...... Court of Joint Sessions Judge, 2nd Court, and Metropolitan Special Tribunal No.07, Dhaka. 2. In a dacoity case the petitioner was not named in the FIR but subsequently after being arrested made a confessional statement along with other accused persons. 3. Since his prayer for bail was rejecte..Category: Criminal Law | Date: | Hits: 59
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