Important Judgments Regarding Bail:
Generally the Code of Criminal Procedure 1898 contains the basic Sections regarding Bail. However there are some important and outstanding Judgments passed by the Supreme Court of Bangladesh, the High Court Division and the Appellate Division regarding Bail Matters. In this article we have referred some of them.
Important Judgments on Bail
- Bail:
- The basic conception of the word Bail is release of a person from the custody of police and delivery into the hands of sureties who undertakes to produce him before the court whenever required to do so. 51 DLR (AD) 242
- The law permits the court to enlarge any child alleged to have committed a non bailable offence on bail. 18 MLR 65
- Investigation delayed accused entitled to get bail. 56 DLR 600
- A person is not automatically debarred from getting bail because his name was merely mention in Charge Sheet. 40 DLR 506
- The question of granting or refusing bail depends upon the particular circumstances of each case and the mere fact that an offence is punishable with death or life imprisonment is not by itself sufficient to refuse bail. 55 DLR (Ad) 33
- In the absence of a prima-facie case against the accused, there is no legal or moral compulsion to keep him in detention merely on the allegation that he was committed an offence punishable with death or imprisonment for life. 44 DLR (Ad)192
- When there is no specific overt act involving the accused with the alleged offence except his name in the F.I.R. and as well as in the charge sheet only, he should not be barred from getting bail. 44 DLR(Ad) 8
- If any doubt arises in the prosecution story, its benefit must go to the accused even for the purpose of bail. 7 BLD (Ad) 265
- Any person under the age of 16 years or any women or any sick or infirm person is entitled to be released on bail even in a case of serious nature as per provision of Sec-497(i) of CrPC Infirmity due to old age is also a good ground for granting of bail. 49 DLR(Ad) 119
- Delay in lodging F.I.R. without having any reasonable explanation makes the prosecution case shaky and doubtful and hence this ground may be considered in granting bail. 40 DLR (Ad) 69
- If the investigation is not concluded within the stipulated period as provided u/s 167(5)of CrPC the enlarge the accused on bail. 49 DLR 204
- Bail Same Footing Accused:
- If the bail is granted to one co-accused the other co-accused whose case stands on the same footing is entitled to get bail. 65 DLR 541
- When Bail cannot be cancelled:
- Once bail is granted to an accused it becomes his valuable right to be on bail and it should not be cancelled without any allegation of misuse of privilege of bail as well as apprehension of absconsion. 31 BLD 176
- When the merit of the case has been assessed by the High Court in granting bail the Session Judge has no scope to reassess the same merit, except the question of misuse the privilege of bail during trail. 63 DLR 447
- Bail After Conviction:
- Person convicted of bailable offence filling appeal against conviction is entitled to bail as a matter of right. 20 DLR (WP) 7
- The accused could obtain bail from the Appellate Court or from the High Court Division and not from the Trail Court which became functus Officio after filing and disposal of appeal against conviction. 43 DLR 321
- Cancellation of Bail:
- Accused threaten the victim over telephone to withdraw the case which is enough to prove the misuse the privileges of the Bail. 64 DLR 145
