APPEAL
When
the order of conviction and sentence passed by the trial Court is not a proper
one, the impugned judgment is to be set aside. Malai Miah Vs. The State, 13 BLD
(HCD)277 Ref: 33 DLR 320; 38 DLR(AD)311; 38 DLR 235; 41 DLR11
Appeal
Disposal
of a criminal appeal in a summary manner just on an untenable medical ground
and without considering the entire evidence on record, particularly the
evidence of the eye witnesses, is not sustainable in law. Cr.P.C-Ss. 410 and
423
The
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 17BLD (AD) 187
Appeal
If
a superior Court disposes a criminal matter, more particularly a criminal appeal
of a great importance in a light hearted manner without any application of
judicial mind, then that will have a demoralizing effect on the subordinate
judiciary in administering criminal justice in Bangladesh. Cr.P.C-S.410The
State Vs. Giasuddin and others, 18BLD (AD) 254 Ref: 1953 PLD(FC)317; PLD 1966
(Lahore) 8; 39 DLR(AD)117-Cited
Appeal
After
a complaint case ends in conviction and sentence of the accused, the State
comes to the picture as it is the duty of the State to execute the verdict of conviction
and sentence imposed upon the accused. The complainant cannot claim any right
of audience in an appeal preferred against an order of conviction and sentence
passed by the trial Court. Notice of appeal under section 422 Cr. P. C. is
required to be given to the appellant or to his lawyer as well as to the State
and none else.
Md.
Kamal Miah alias Nasim Vs. The State and another, 18BLD (HCD)187
Ref:
AIR 1960(AndraProdesh)311-relied
Appeal
As
a matter of practice the High Court Division normally grants bail to the
persons who are acquitted after a full fledged trial when the State prefers an
appeal against the order of acquittal. The normal order upon admitting the
Government appeal is to direct the Deputy Commissioner concerned to take the acquitted
persons into custody and release them on bail to the satisfaction of the Deputy
Commissioner, Cr.P.C-S. 417
Abdul
Hafez Howlader alias Habibur Rahman and others Vs. The State, 19BLD (AD)1
Appeal
Dismissal
of criminal appeal on default
After
a criminal appeal is admitted for hearing, it is required to be disposed of
only on merit. Law does not contemplate dismissal of a criminal appeal for
default. Md. Kamal Miah alias Nasim Vs. The State and another, 18BLD(HCD)187
Court of appeal:- Normally Supreme Court does not reassess of the evidence- Normally Appellate Division does not interfere with the judgment of the High Court Division on appeal if it is found that the judgment is based on proper appreciation of the evidence. It cannot reassess the evidence afresh as a court of appeal to examine whether or not the High Court Division has properly appreciated the evidence. .....Md. Akram =VS= The State, [1 LM (AD) 581]
