PROVISION OF GRANTING BAIL IN BANGLADESH

The term bail has not been defined anywhere in the code of criminal procedure but through analyzing the nature of bail, bail can be defined as a temporary release of an accused awaiting trial on some condition on account of some money lodged to guarantee their appearance in court. Bail is not granted to set the prisoner free but to release him from the custody by entrusting him to the custody of the sureties who are obliged to present him on the command of the court at the specified time and place. The bail bond and surety are the specific provisions of section 499 of CrPC. The granting of bail varies in case of bailable and non-bailable offense, in case of bailable offense the court shall grant bail or instead of taking bail, discharge the accused on his executing a bond without sureties for his appearance as provided under section 496. Again as per section 497 of CrPC If the person is accused of any non-bailable offense then he might be released on bail but where it appears that there is reasonable ground of the accused guilty of offense punishable with death or imprisonment of life, then he will not be released .when after further investigation, inquiry or trial of the person accused so is believed of not committing a non-bailable offense or if further inquiry is needed to such guilt, then the accused pending such inquiry shall be released on bail or by the execution of a bond without sureties for his appearance. Again after the conclusion of the trial of the person accused if found innocent then he shall be released on bail or on custody on the execution by him of a bond without surety. But there are provisions of releasing persons accused of non-bailable offense where such person is under the age of sixteen or is a woman or any sick or infirm person. It was held in – 20 BLD (AD) 289 The State Vs Faisal Alam Ansari-Article 32 and 33 –Constitution Of Bangladesh that where there is a reasonable ground for believing that a person guilty of an offence punishable with death or imprisonment for life should not be granted bail. Section 497 is a Procedural law and the accused having alleged to have committed a substantive offense or murder his liberty is curtailed and as such violation of the fundamental right cannot be accepted in the facts of the instant case as law permits of such arrest and detention in custody.  The power to direct bail or reduction of bail under section 498 of CrPC has been to the High Court Division or the Court of  Session. Section 498 is the inherent power of the court and under this power, the court may give anticipatory bail. Anticipatory bail is the bail which is of the apprehension of the arrest of the person so accused. But on giving anticipatory bail some matters are to be taken into consideration like-

  1. The F.I.R lodged against the accused needs to be thoroughly and carefully examined.
  2. The danger of the accused absconding if anticipatory bail is granted
  3. Whether accusation has been made only with the object of injuring or humiliating the applicant by arresting him.
  4. The apprehension that the accused is in a position to influence, induce or coerce witnesses to desist from furnishing relevant information to the investigating agency.
  5. In cases involving grave offense like murder, robbery, dacoity, etc, where it is necessary to arrest the accused and bring his movements under restraint to infuse confidence among the terror-stricken victims, the accused should never be enlarged on anticipatory  bail

Besides these other major factors which must be taken into account as the motive of the legislature omitted the certain of granting anticipatory bail under section 497 A.

The procedure of stages of granting bail: Firstly the accused person shall appoint a lawyer. The appointed lawyer will prepare a petition and raise it before the judicial court for a hearing. The GRO after receiving the bail petition shall put forth the prescribed file and shall submit the same to the concerned judicial magistrate court for conducting the bail under section 496. Then the concerned lawyer shall appear before the honorable court for hearing the petition on behalf of the accused. If the court considers the bail, then the concerned lawyer shall submit the bail bond. The bail bond should be signed by the magistrate and after that, the authority of police shall release the person. The accused should be present before the concerned court on the specified date on command and if he fails to be so present, the court shall cancel his bail. Again if the lower court doesn’t consider the bail, the accused may appear before the high court under section 498 of CrPC. There are no express legal provisions of ad-interim or interim bail, but this kind of bail can be given by the court’s inherent power. However bail can be canceled by the High Court Division or The Court Of Session under section 497 of CrPC, besides these, any other court that released the accused on bail can order the person to be arrested and cause him to the custody. A trial under Magistrate court is to be concluded within 180 days and session court to conclude the trial within 360 days.

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