ANTICIPATORY BAIL
Anticipatory bail loses its force after submission of charge-sheet and taking of cognizance by the Court concerned.Cr.P.C. S-498
Probir
Kumar Chowdhury alias Tinku and ors Vs. The State, 19BLD (HCD) 4
Anticipatory
Bail
Power
of granting anticipatory bail is very sparingly used by this Court to save a
citizen from unnecessary harassment and humiliation at the hand of police on
flimsy ground or with ulterior motive or out of political designs. This power
cannot be exercised in each and every case as a substitute in the exercise of
such power by the Court be- low. A person cannot be enlarged on anticipatory
bail how high so ever he may be un- less conditions for granting such bail are
satisfied. Cr.P.C, Section 498. 19BLD (HCD) 173
Nurul
Islam and ors. Vs. The State, Ref: 18 BLD (1998) (HCD) 172-relied upon
5BLD(1985)(AD) 110;46DLR315;48DL R18; 47DLR33; 43DLR312-Not applicable
Anticipatory
Bail
Power
of granting anticipatory bail is very sparingly used by the High Court Division.
It used only when it is found necessary to save a citizen from unnecessary harassment
and humiliation at the hand of the police on flimsy grounds or with ulterior motives
or out of political designs. This power cannot be exercised in each and every
case as a substitute to the exercise of such power by the Court below. [Per
Kazi Ebadul Hoque, JJ Cr.P.C, Section-498 Md. Belayet Hossain Sharif Vs. The
State, 18BLD (HCD)172
Ref:
5DLR(FC)143; 15DLR(SC)2; 18 DLR(SC)393; 19DLR(SC)38; PLD1974 (La- hore) 256;
12BLD440; 12BLD314; 2BLT (HCD)164; 5BLD(AD)110; 14BLD(AD)222; 14BLD(AD)14 Cited
Anticipatory
Bail
In
the F.I.R. there is no specific allega- tion against the petitioner. His name
was simply mentioned as a former Director of the company. Therefore, prima
facie no offence was disclosed against him. If the petitioner was compelled to
go to the trial Court there was a chance of his being unnecessarily har- assed.
In that view of the matter the High Court Division should allow the petitioner's
prayer for anticipatory bail.[Per Muhammad Abdul Mannan,J.] Cr.P.C, Section-498
Md.
Belayet Hossain Sharif Vs. The State, 18BLD (HCD)172
Anticipatory
Bail
On
going through the application filed by the petitioner and also hearing his
engaged Advocate the High Court Division was not satisfied as to the cause of
his non- appearance before the Magistrate. Moreover, the offence with which he
has been accused of being punishable with death or imprisonment for life
anticipatory bail cannot be granted to the petitioner simply because he happens
to be an elected Chairman-Cr.P.C. Section 498 Abdur Rahman Molla Vs. The State,
18BLD (HCD)247
Ref:
18BLD172; 15DLR(SC)2; 15BLD (AD) 14 Cited
Anticipatory
Bail
Observations/findings
made while granting bail are made with an eye on section 497(1) Cr.P.C. for the
purpose of bail only without affecting the merit of the case. Under special
circumstances anticipatory bail may be granted even after submission of charge
sheet. The State Vs. M.A. Malik, 14BLD (AD)220
Anticipatory
Bail
Anticipatory
bail should be granted by the High Court Division for a limited or till filing
of the charge-sheet, whichever is appropriate in the circumstances of the case.
After expiry of the period or filing of the chare-sheet, as the case may be,
the accused must appear before the Court concerned and obtain fresh bail from
the Court on the merit of the case.(Per Latifur Rahman, J) The State Vs Abdul
Wahab Shah Chowdhury, 19BLD(AD)189
Anticipatory
Bail-Public Commotion
The
prayer may also be considered may occur if it is proved that on account of some
local public commotion or other circum- stances it is not possible for the
petitioner to appear before the lower Court for seeking bail. The petitioner
must, however, remain physically present in Court before his application for
bail can be entertained. The Court, if it grants anticipatory bail, must
expressly make it a condition that if the petitioner commits any breach of the
terms of bail, the Court concerned will be at liberty to cancel. his bail and
take him into custody. [Per A.T.M. Afzal, CJ.J The State Vs Abdul Wahab Shah
Chowdhury, 19BLD(AD)189
