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Criminal Matters

When a trial Court awards capital sentence to the convict, the said Court submits the proceedings to the High Court Division for confirmation of the death sentence under section 374 of the Code of Criminal Procedure, 1898. The High Court Division may confirm/annul the conviction or pass another sentence or acquit the convict. Law Lab has represented death convicts of sensational murder cases i.e. Ramna Batmul case, BDR case, Nusrat Murder Case, Tuhin Murder Case.

Cases

  1. State versus Abdul Gafur, 73 DLR 198

    (On behalf of Condemned Prisoner), (Altered from 302 (Death Sentence) to Part II of 304 (Sentence served about 7 years only, News Link

  2. State versus Abdul Khaleq, 73 DLR 260

    (On behalf of Condemned Prisoner), (Death Sentence to Acquittal) (State filed Criminal Petition for Leave to Appeal  before the Appellate Division against the Judgment of acquittal and the same is pending before the said Hon’ble Court) , News Link

  3. State versus Md. Shah Alam Howlader, Death Reference No. 69 of 2015

    (On behalf of Condemned Prisoner), (Death commuted to Imprisonment for life), News Link

  4. State versus Md. Rasel Mia, Death Reference No. 48 of 2015

    (On behalf of Condemned Prisoner), (Death commuted to Imprisonment for life), News Link

  5. State versus Mowlana Akbar Hossain alias Helal Uddin and others, Death Reference No. 42 of 2014

    (On behalf of Condemned Prisoner), (Pending before the High Court Division), News Link

  6. State versus Md. Shah Alam, Death Reference No. 14 of 2020

    (On behalf of Condemned Prisoner), (Pending before the High Court Division), News Link

  7. State versus Md. Abdul Basir and Others, Death Reference No. 44 of 2020

    (On behalf of Condemned Prisoner), (Pending before the High Court Division), News Link

  8. State versus A. Latif Kha alias Lotu Kha, Death Reference No. 05 of 2016

    (On behalf of Condemned Prisoner), (Death Reference to imprisonment for life), News Link

  9. Swapon Kumar Biswas versus State, (Death Reference No. 120 of 2008

    (On behalf of the Petitioner), ( High Court Division affirmed the sentence of death)(The Convict filed Jail Petition No. 15 of 2014 before the Appellate Division. The Hon’ble Court commuted sentence of death of petitioner to imprisonment for life and also sentenced to pay a fine of Tk.5,000/= (five thousand), in default, to suffer rigorous imprisonment for 15 (fifteen) days more. ) (Law Lab conducted this case pro bono), News Link

  10. State versus Nazmul Hossain alias Azmul, Death Reference No. 05 of 2016

    (On behalf of Condemned Prisoner), (Death Reference Rejected, Death sentence to imprisonment for life), News Link

  11. State versus Md. Mostafa Sarder, Death Reference No. 87 of 2015

    (On behalf of Condemned Prisoner), (Acquittal), News Link

  12. State versus Md. Anwar Hossain alias Shankar Chandra Debnath, Death Reference No. 26 of 2016

    (On behalf of Condemned Prisoner), (Acquittal), News Link

  13. State versus Md. Sumon Jomaddar, Death Reference No. 06 of 2016

    (On behalf of Condemned Prisoner), (Acquittal), News Link

  14. State versus Alam, Death Reference No. 130 of 2021

    (On behalf of Condemned Prisoner), (Pending before the High Court Division), News Link

  15. State versus Md. Sabuj Mia, Death Reference No. 146 of 2021

    (On behalf of Condemned Prisoner), (Pending before the High Court Division), News Link

  16. State versus Mahmudul Islam, Death Reference No. 22 of 2016

    (On behalf of Condemned Prisoner), (Death sentence commuted to imprisonment for life)News Link

  17. State versus Shakil Mia, Death Reference No. 94 of 2016

    (On behalf of Condemned Prisoner), (Pending before the High Court Division), News Link

Sometimes the Judges have to decide between death sentence and imprisonment for life considering the gravity of offences. In this rare situation, the Judges opt to award the sentence of imprisonment for the rest of natural life to confine him custody forever.  

Cases

Ataur Mridha vs State, Criminal Appeal No. Criminal Appeal Nos. 15-16 of 2010

(On behalf of the Appellant, the Appellant Division sentenced Ataur Mridha and another to imprisonment for the rest of natural life, in review petition Ataur Mridha has been sentenced to imprisonment for life)

 

 

When offences is proved beyond reasonable doubt and the mitigating circumstances outweigh the aggravating circumstances, the Court awards imprisonment for life instead of capital punishment-death sentence.

Cases

1.    Siddique Farazi vs State, 73 DLR 79

(On behalf the Appellant, Trial Court convicted under section 302 and sentenced to imprisonment for life. High Court Division altered the conviction to section 304 Part I of the Penal Code and sentenced to imprisonment for the period already undergone ) News Link

2.    State versus Md. Rasel Mia, Death Reference No. 48 of 2015

(On behalf of Condemned Prisoner, Death commuted to Imprisonment for life, the Convict filed appeal before the Appellate Division) News Link

3.    State versus Abdul Khaleq, 73 DLR 260

(On behalf of Condemned Prisoner), (Death Sentence to Acquittal) (State filed Criminal Petition for Leave to Appeal  before the Appellate Division against the Judgment of acquittal and the same is pending before the said Hon’ble Court, the State filed appeal before the Appellate Division of the Supreme Court of Bangladesh) , News Link

When the trial Court convicts and sentences the accused, he may file appeal before the superior Court challenging the conviction and sentence.

Cases

Tushar Das @ Raj vs The State, Criminal Appeal No. 8554 Of 2019

(On behalf the Appellant, Trial Court awarded imprisonment for a period of 14 (fourteen) years. High Court Division acquitted him of the charge, the case is based on inter caste marriage.) News Link

Siddique Farazi vs State, 73 DLR 79

(On behalf the Appellant, Trial Court convicted under section 302 and sentenced to imprisonment for life. High Court Division altered the conviction to section 304 Part I of the Penal Code and sentenced to imprisonment for the period already undergone) News Link

Md. Mohshin Sharif vs State and another,  Criminal Appeal No. 1734 of 2020

(On behalf the Appellant, Trial Court convicted under 408 and 409 of the Penal Code, 1860 in anti-corruption case and sentenced to imprisonment for for a period of 5 (five) years and fine. High Court Division enlarged the Appellant on ad-interim bail till disposal of the appeal). News Link

Babur @ Babul Sardar vs State, Criminal Appeal No. 6921 of 2018

(On behalf the Appellant, Trial Court rejected the prayer of bail in a case under sections 396/412 of the Penal Code, 1860 read with sections 3/ 4 of the Explosive Substances Act, 1908. High Court Division enlarged the Appellant on bail, Ashulia Bank Robbery Case). News Link

Md. Azom Bepary  vs State, Criminal Appeal NO. 93 of 2019

(On behalf of the Appellant, Trial Court sentenced to imprisonment for a period of 10 (ten) years and fine, the High Court Division acquitted the Appellant of the Charge). News Link

The Court passes various orders in query and trial stages of the case. An aggrieved party may file an appeal against the Order before the Appellate Court.

Cases
Md. Hanif @ Hanif versus State, Criminal Appeal No. 10651 of 2018

(The Accused-Appellant preferred appeal before the High Court Division against the Order of the Tribunal rejecting an application for bail. The Court allowed the appeal and granted him bail.)

Md. Masum Billah and others versus State, Criminal Appeal No. 49 of 2019

(The Accused-Appellant preferred appeal before the High Court Division against the Order of the Special Tribunal rejecting an application for bail. The Court allowed the appeal and granted him bail.)

The State or the Complainant may file appeal against the Judgment and Order of acquittal before the High Court Division. However, the scope of this appeal is very limited.

Cases
MD. DULAL MOLLA VERSUS THE STATE AND ANOTHER, CRIMINAL APPEAL NO. 547 OF 2021.

The Appellant filed appeal challenging the judgment of acquittal. The High Court Division admitted the appeal. Now it is pending for hearing.

Civil Matters

An aggrieved party may file an appeal or miscellaneous appeal (F.A. or F.M.A.) against the judgment and decree or judgment and order (appealable) passed by the District judge/Additional District Judge/Joint District Judge (in certain cases) before the High Court Division of the Supreme Court of Bangladesh. We have preferred a number of such appeals on behalf of our clients and obtained reliefs in their favor.

Cases
Halima Khatun Versus Md. Nurujjaman Kaisar Babul and Others, Civil Rule No. 292(FM) Of 2019 F.M.A.T No. 309 Of 2019 F.M.A No. 286 Of 2019

(Rule, Stay), News Link

Alhaj Md. Rafiqul Islam V.S Md. Majir Uddin, Civil Rule No—–Of 2019 F.A.T.No. 610 Of 2019 F.A. No. 431 Of 19

An aggrieved party may file a civil revision when no appeal lies against the judgment and decree or judgment and order (appellable) passed by the District judge/Additional District Judge/Joint District Judge (in certain cases) before the High Court Division of the Supreme Court of Bangladesh. We have filed a number of such civil revisions on behalf of our clients and obtained reliefs in their favor

Cases

  1. Md. Rashidul Islam Versus Mst. Shiuly Akter, Civil Revision No. 2661 of 2018

    (on behalf of Petitioner), (pending for fixing for hearing), News Link

  2. Md.Khokon Versus Mosammat Maya Begum & another, Civil Revision No. 2076 of 2018

    (on behalf of Opposite Parties), (Pending for hearing), News Link

  3. Most. Gulijan Bewa & Others Versus Md. Mozibor Rahaman & Others, Civil Revision No. 583 of 2019

    (pending for fixing for hearing), News Link

  4. Md. Farman Ali and another Versus Md.Tajim Uddin, Civil Revision No. 1246 of 2018

    (Pending for fixing for hearing), News Link

  5. Md.Shamsul Haque and another Versus Md. Asiya Bewa and another, Civil Revision No. 3627 of 2018

  6. Most. Rabry Begum and Another Versus Most. Nargis Begum  and Another, Civil Revision No. 87 of 2019

  7. Md. Jabbr Ali Fakir and Another Versus Sree Gobndra Ali Nath Royand Another, Civil Revision No. 656 of 2009

    (On behalf of Opposite Parties), (Rule discharged), News Link

  8. Md. Tafiqul Islam and another Versus Md. Mofiza Kaatun and Others., Civil Revision No. 1637 of 2019

    (Rule, Status Quo), , News Link

  9. Sona Gupta Versus Chanu Ara Brgum And Others. Civil Revision No. 1244 of 2019

    (Rule), News Link

  10. Md. Somser Ali Another Versus Md. Isahak Ali, Civil Revision No. 1828 of 2019

  11. Most:  Piara Begum and Another Versus Md.Samsul Islam Chowdhury  And Another, Civil Revision No. 969 of 2017

  12. Yunus Mridha Versus Abdul Mannan @ Salim And Another, Civil Revision No. 3287 of 2019

  13. Abul Hashim Bhuiyan and Versus Government and others. Civil Revision No. 17 of 2018

  14. Md. Fazlu Miah Versus Md.A.Momen, Civil Revision No. 3546 of 2019

    (on behalf of Opposite Parties)

  15. Obayed Ullah Versus Shaildeha Rag and 7, Civil Revision No. 85 of 2019

    (on behalf of Opposite Parties)

  16. Saidul and another Versus Tofazzal Hossain and another, Civil Revision No. 3152 of 2016

    (on behalf of Opposite Parties)

  17. Khurshid Begum @ Murshid Begum and another V.S Monzur Alam Badha And Others, Civil Revision No. 3405 Of 2019 C.R No. 118(Con)2018

    (on behalf of Opposite Parties)

  18. Mrst. Shakhina Khatun V.S Nawbashar And Others. Civil Revision No. 3406 of 2018

    (on behalf of Opposite Parties), (Pending for hearing)

  19. Mahfuj @ Md. Mahfuj And Others Versus Ali Akbor Mollah, Civil Revision No. 2149 of 2019

    (on behalf of Petitioner), (Rule discharged)

  20. Md. Jahangir Alam Versus Md. Ismail Hossain And Others. Civil Revision No. 1796 of 2020

    (on behalf of Petitioner), (Rule, Stay Pending for fixing for hearing)

  21. Md. Shamim Uddin @ Shamim Uddin Versus Mst. Shahna Parvin, Civil Revision No. 1797 of 2020

    (on behalf of Petitioner), (Rule, Stay Pending for fixing for hearing)

  22. Md. Nurul Islam Being Dead His Heirs 1(A) Khairun Necha andOthers. -Versus- Amena Begum And Others, Civil Revision No. 1343 of 2018

    (Status Quo)

  23. Md. Arifur Rahman -Versus- Abul Hossain and Others, Civil Revision No. 2164 of 2020

    (Pre-emption)

  24. Mohammad Showkat Ali and Others. Versus Akbat Ali and Others, Civil Revision No. 1395 of 2021

    (on behalf of Petitioner), (Rule, Stay Pre-emption)

  25. Md. Tafizuddin and Others. Versus Jakiron Bewa and Others, Civil Revision No. 979 of 2003

    (on behalf of Petitioner), (Stay)

  26. Toyez Bibi @ Totak Bibi and Others. Versus Anowara Begum and Others, Civil Revision No. 3073 of 2000

    (Stay)

  27. Begum Mariam -Versus- Shankar Swarnakar and Others, Civil Revision No. 2414 of 2015

    (on behalf of Petitioner), (Part heard SCC suit, Mesne Profits)

  28. Md. Ruhul Amin Liton -Versus- Nadia Trades Represented By Md. Obaidullah, Civil Revision No. 2666 of 2019

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