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Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ......ments of the appellants recorded by the Magistrate (P.W.9) were not true and voluntary, rather the same were extracted by putting them under torture by the police by keeping the appellants in illegal custody. 5) The appellants were minors and they were falsely implicated in the alleged murder of ..Category: Criminal Law | Date: | Hits: 170
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....on 491 Cr.P.C. was issued calling upon the opposite parties (1) Secretary, Ministry of Home Affairs, Government of Bangladesh, (2) District Magistrate, Chittagong and (3) Superintendent, Chittagong Jail, Chittagong to show cause why the detention of Jamaluddin Ahmed alias Jamal Ahmed now being, de......8/380 of the Penal Code. Case No.48(4)81 under section 394 of the Penal Code and Chandgaon P.S. Case No.13(4)80 under section 19(f) and section 19A of the Arms Act. Since 1980 the detenue was kept in custody for about 4 years in connection with these cases. The Government by order vide Memo No.364. ..Category: Criminal Law | Date: | Hits: 78
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
.... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ......t the relevant time and other documents filed with that office and could have also seized the minutes book and resolution book of the concerned company for the relevant period, which are lying in the custody of the company secretary or other officer of the company. Apparently the complainant has not..Category: Criminal Law | Date: | Hits: 124
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......resent case before conviction which was obligatory as per provision of section 35A of the Criminal Procedure Code. Accordingly we make an order that the period during which the appellants were in custody in connection with the present case before conviction should be deducted from the awarded ..Category: Criminal Law | Date: | Hits: 83
Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)
....me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ......he place of occurrence and at about 12-45 hours he had found accused Dolon and arrested him. He produced the accused to the Police Station on 6-10-2004 at 15-5 hours and accused Dolon was in their custody about 27 hours. He further stated that he did not find Shah Alam, the owner of rickshaw gara..Category: Criminal Law | Date: | Hits: 99
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
.... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ......11 & 13) There is no provision whatsoever within the four corners of the Mobile Court Ain for lodgment of a written complaint with the Executive Magistrate and detaining an accused in police custody at the Police Station prior to his trial. The Ain does not envisage taking cognizance of any..Category: Criminal Law | Date: | Hits: 81
Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)
.... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ...... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ..Category: Criminal Law | Date: | Hits: 78
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....nected Criminal Appeal No.19 of 2005, Criminal Appeal No.4752 of 2004, Criminal Appeal No.4773 of 2004, Criminal Appeal No.112 of 2005, Criminal Appeal No.141 of 2005, Criminal Appeal No.378 of 2005, Jail Appeal No.294 of 2006 and Jail Appeal No.1338 of 2004 are allowed. The Code of Criminal Proc......ing examination in preparing inquest report under Section 174 is not a substantive evidence. Accused is entitled to get a copy of the report excluding the statements made therein. If the report is in custody of the Court the Magistrate should allow certified copies to be given upon application made ..Category: Criminal Law | Date: | Hits: 89
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
.... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ...... on 10-08-1993 at 7/7.30 P.M. to the room of wife of informant named Monowara with bad intention to destroy her modesty; that on her cry, Saidur Rahman went there and caught Aza and detained him in custody; that hearing this matter the accused appellants who are the relatives of Aza being armed wi..Category: Criminal Law | Date: | Hits: 84
State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)
....h presided over by Mr. MM Hoque, J that Civil Surgeon sent a report stating that opposite‑party Abdul Momin Sarder had been suffering from TB for a long time and he was sent for treatment to Sylhet Jail Hospital and there was no improvement of his health after treatment. On that ground he was allo......1‑96 is cancelled and he is directed to surrender to his bail bond forthwith. Deputy Commissioner Satkhira is directed to take steps for securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also ..Category: Criminal Law | Date: | Hits: 87
Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)
.... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ......y five years to ten years. The sentence awarded against the convict-petitioner under Section 19(f) of the Arms Act is maintained. Both the sentences shall run concurrently. 10. The total period of custody of the convict-petitioner prior to his conviction in connection with this case shall be dedu..Category: Criminal Law | Date: | Hits: 81
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....…………………Appellant Vs. Delwar Hossain & others……………………………….Condemned-Prisoners Judgment October 25, 2011. Result: The Criminal Appeal and Jail Appeal being No.2784 of 2011 and 207 of 2006 are allowed in part. The Criminal Appeal and J......ant violation of the provisions of section 167 of the Code he was produced before the nearest Magistrate after 3 days of his arrest. So confession of such an accused who was detained illegally in the custody of police beyond the prescribed period of time cannot be considered as legal and fair. In ..Category: Criminal Law | Date: | Hits: 158
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
....appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......tted on 10‑6‑1992 under sections 302/34 Penal Code against accused Daud Ali and Rabi Biswas showing them absconding. Subsequently, accused surrendered before Court below and they were sent to the custody. The case record was sent to the Sessions Judge Jhinaidha, wherein the case was registered a..Category: Criminal Law | Date: | Hits: 93
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....ccused appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ......re is specified period for concluding trial of a criminal case under section 339C(4) of the Code of Criminal Procedure. If the trial of the case is not completed within 360 days, if the accused is in custody, he should be released on bail even in the case of non bailable offence unless reasons are f..Category: Criminal Law | Date: | Hits: 92
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ......abduction to mean taking away by compelling a person by force or by inducing such a person by deceitful means. Thus we find that in the case of kidnapping a minor or a person of unsound mind from the custody of a lawful guardian, there is no question of compelling the minor under sixteen years of ag..Category: Criminal Law | Date: | Hits: 74
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......ে ঘোষনা দেওয়া হইয়াছে। (ডাঃ গোলাম মোস্তফা) ১২.৪৫ মিঃ ২৬/১১/৯১ The Dying Declaration was under the custody of recording Magistrate P.W.8 and the same was seized on 14.10.1992 by Investigating Officer..Category: Criminal Law | Date: | Hits: 98
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ......quest. Some ten minutes later, an officer of the Bank asked the informant to come to the Bank as the appellant had tried to encash the cheque. The police was informed and they took the appellant into custody. Thereafter, the FIR was lodged at 2.45 PM on the same day. 5. The police investigated in..Category: Criminal Law | Date: | Hits: 62
Rafiqul Islam Vs. State, 2009, 38 CLC (HCD)
....Metropolitan Magistrate, Second Court, Dhaka, where the case is pending for trial. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 9. ......Metropolitan Magistrate, Second Court, Dhaka, where the case is pending for trial. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 9. ..Category: Criminal Law | Date: | Hits: 88
Mirja @ Mizan Vs. State, 2007, 36 CLC (HCD)
....on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ......ot of his rented house and handed over those arms and ammunition to the informant. The informant prepared a seizure list of recovered arms and ammunition at about 18.15 hours and took the arms in his custody with signature of witnesses and lodged F.I.R on reaching Thana. P.W.1 identified accused Mir..Category: Criminal Law | Date: | Hits: 65
Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)
....f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ...... but nevertheless the word "discharge" connotes different meanings in different contexts. When an accused is discharged pursuant to a final report that means that the accused has been discharged from custody under section 500 of the Code and not discharged from the case. The legal position is that a..Category: Criminal Law | Date: | Hits: 138
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