BAIL
The prohibition under the law is that a person accused of any non-bailable offence shall not be released on bail if there is rea- sonable ground for believing that he is guilty of an offence punishable with death or im- prisonment for life-S. 497(1), Cr.P.C.
Shaikh
Shahidul Islam Vs. The State 13BLD(AD)190
Bail
Order
of conditional bail is illegal and not proper S. 498 Cr.P.C.
A.H.M.
Siddique Vs. The State, 13BLD (AD)1 Ref: 15DLR(SC)429:Crl. Appeal No. 9D of
1991-Cited
Bail
on conviction
The
section entitles a lower Court to grant bail to a convict for a limited period
pending filing of appeal.
Section
426, sub-section 2A Cr.P.C is the section which entitles lower Court to grant
bail to a convict for a limited period after conviction in order to enable him
to prefer an appeal. Shaheb Ali Vs The State, 13BLD (HCD) 445
Ref:
43 DLR (AD) 120-Cited
Bail
Bail
under section 426(2A) may be granted both by the trial Court and by the ap-
pellate Court. But the conviction in such a case must not carry beyond one
year. But the very language of the section shows that the power to grant bail
under section 426(2A) Cr.P.C. is not available either to the trial Court or the
appellate Court when the con- viction carries sentence of imprisonment for more
than one year. Shaheb Ali Vs. The State, 13 BLD (HCD) 445
Bail
An
accused who is not under the age of 16 years or any woman or any sick or infirm
person, can not be released on bail if there appears reasonable ground for
believing that he has been guilty of an offence punishable with death or
imprisonment for life. The fact that the accused has become a member of the
parliament is no ground at all for releasing him on bail since his case does
not come within he purview of section 497(1) Cr.P.C S.497(1) Cr.P.C.
The
State Vs. Auranga @ K.M. Hema- yetuddin, 13 BLD (HCD)367
Bail
Bail
in a non-bailable offence is a matter of discretion of the Court which has to
be ex- ercised with due care and caution and the facts and circumstances of the
case.
Major
(Rtd.) Md. Matiur Rahman and another Vs. the State, 13BLD(HCD)123 Ref: PLD1972S.C.81(84);
(1988)8 BLD (AD)21 Cited
Bail
Prosecution
witnesses discrepant on ma- terial point-bail granted.
Akbor
Ali @Md. Akbor Ali and others Vs. The State, 13 BLD (HCD)585
Bail
Petitioners
involved in the case for co- lateral purposes in order to harass and hu-
miliate them before the public. More than a year elapsed since the submission
of the charge-sheet-Petitioners enlarged on bail. Major (Rtd.) Md. Matiur
Rahman and another Vs The State, 13 BLD (HCD)126
Bail
Bail
in a pending appeal involving mur- der charge-The sole basis for conviction of
the appellant-petitioner under sections 302/34 of the Penal Code being the
exculpatory con- fessional statement of the co-accused and there being no
chance of an early hearing of the appeal and the petitioner having already
suffered imprisonment for more than two and half years, the petitioner is
allowed bail pending hearing of the appeal-Cr.P.C;S. 426
Md.
Ayub Ali and others Vs. The State, 14BLD(HCD)501
Bail
It
is the normal practice of the High Court Division to grant bail to the accused
respondents in an appeal preferred by the State against an order of acquittal
passed af- ter a regular trial. The reason is that in such cases the accused
persons have already satis- fied the competent Court that there are no
reasonable grounds for believing that they have committed the alleged offence.
The Ap- pellate Division held that as a measure of punishment bail should not
be refused in such a case. Bail is granted to the appellants. Cr.P.C. (Second
Amendment) Act, S. 426
Abdul
Hafiz Howlader alias Habibur Rahman and others Vs. The State, 15BLD (AD) 144
Bail
When
an application for bail is filed be- fore the Sessions Judge before the
submission of the charge-sheet under the Special Powers Act, the Judge deciding
the bail matter acts as the Sessions Judge and not as the Special Tribunal. In
such a case no appeal under section 30 of the Special Powers Act lies to the
High Court Division. Md. AbulKalam Vs. The State, 15BLD (HCD) 167
Bail
The
absence of any specific overt act in the charge-sheet against the accused, they
being in custody for a long time, the co- accused being on bail and there being
no prospect of an early trial and the petitioners being fairly old are
mitigating circumstances for allowing them bail. Cr.P.C-S.498
Sultan
Ahmed and another Vs. The State, 15BLD(HCD)376
Bail
Anticipatory
Bail-Section 498 Cr.P.C. gives extended and wider powers to the High Court
Division for granting bail in nonbail- able offences. But this power must be
exer- cised in a reasonable and judicial manner so that the normal practice
founded on justice and equity is not disregarded, unless there be exceptional
circumstances. Md. Atiquallah Khan Masud Vs. The State and another, 15BLD(AD)
14
Ref:
Muhd. Ayub Vs Muhd. Yakub, 19 DLR (SC)38 (54): PLD 1966 (SC) 1003 (1022-1023
Cited
Bail
Suomotu
cancellation of bail of the accused not before the Court
The
suomotu cancellation of bail of the accused-petitioners, who were not before
the Court and nobody prayed for cancellation of their bail, is not sustainable
in law. Harun-ur-Rashid and others Vs. The State, 16BLD (AD) 45
Bail
Long
delay in holding trial is a good ground for bail
Since
the prosecution has failed to show any cogent reason for not holding the trial
for a long time without any fault on the part of the accused and the co-accused
are.on bail, the accused-appellant is entitled to the privilege of the bail.
Special Powers Act, 1974 (XIV of 1974) Section.32 Nurul Amin alias Bada Vs. The
State, 16BLD(AD)200
Bail
When
the F.I.R. shows that co-accused MomtazulHoqueRafique shot at deceased
Kafiluddin and thereby caused his death and the postmortem report shows that
the victim had a bullet injury on his body, it prima facie shows that accused
MomtazulHoque is re- sponsible for murder. Mere presence of the petitioner at
the place of occurrence is not by itself enough to prove his involvement in the
murder. Code of Criminal Procedure, 1898- Section.498
Ghulam
Faruk alias Ovi Vs. The State, 16BLD(HCD)364
Bail
Since
there is no early chance as to when the appeal will be disposed of and the
trial shall commence and since all the co-accused are on bail, the appellant
was allowed bail in the interest of justice-Special Powers Act, 1974 Section.30
Liton
Vs. The State, 17BLD (HCD)370
Bail
Law
permits granting of bail to a woman or to a sick and infirm person even in a
case where there are even reasonable grounds for refusing bail normal
circumstances. The respondent has not been granted bail upon these
considerations but upon the view that there are no reasonable grounds for be-
lieving that she has been guilty of the offence alleged. The view taken by the
High Court Division does not suffer from any legal in- firmity-Cr.P.C.
Section.498
The
State Vs. Jobaida Rashid, 17BLD (AD)163
Bail
Issuance
of warrant of arrest without can- cellation of the existing bail is neither
proper nor legal. Since the accused prayed for time for moving the High Court
Division for trans- fer of the case, judicial courtesy demanded that the
learned Sessions Judge ought to have granted at least a short time for enabling
the accused to move the High Court Division for transfer of the case to be void
Abdul
Halim and ors. Vs. The State and another, 17BLD(AD)111
Bail
Gravity
of the offence by itself is no ground to refuse bail to an accused when the
prosecution fails to place any material on re- cord to connect him with the
alleged of- fence Cr.P.C Section.498
Abdul
Kader Faruque alias Mohd. Faruque Vs. The State, 17BLD(HCD)148
Bail
The
learned Magistrate ordered for fur- ther investigation of the case by the
police. It is not certain when such investigation will be completed and the
case sent for trial to the competent Court. Trial of the case is likely to be
delayed for unlimited period and this pro- vides a special ground for
bail-Cr.P.C Sec- tion.498
Shahed
Reza Shamim Vs. The State, 17BLD(HCD)310
Bail
Mere
incidentally naming the petitioner in the chargesheet without any prima facie
material and the mere fact that in the occur- rence the Head of the State with
members of his family was murdered cannot be consid- ered as good grounds for
refusal of bail- Cr.P.C Section.498
Jobaida
Rashid Vs. The State, 17BLD (HCD)366
Bail
It
appears from the F.I.R. charge-sheet, age certificate, postmortem report that
several accused persons threw stone, including peti- tioner No. 1. The
postmortem report shows that there were seven injuries on the victim but it
does not show any injury on the chest of the victim. From the school
certificate it is found that at the time of the occurrence peti- tioner No. I
was merely 14 years old. Con- sidering the circumstances the Court held that
the ends of justice will be met if the peti- tioner be enlarged on bail-Cr.P.C
Sec- tion.498
Asik
Miah and another Vs. The State, 17BLD(HCD) 253
Bail
In
view of the fact that the appellant has been in custody for about 2 years and
as things stand the conclusion of the trial is go- ing to be delayed, the
appellant is entitled to get the benefit of section 339C of the Crimi- nal
Procedure Code in securing bail.
Md.
Aslam Vs. The State, 18BLD (HCD)163
Bail
There
is no inherent power of the High Court Division or the Court of Sessions to
grant bail at any stage. Therefore status in life, affluence or otherwise are
irrelevant while considering the prayer for granting an- ticipatory
bail--Cr.P.C Sections 496, 497 and 498
K.M.
Jahangir Alam Vs. The State, 18BLD (HCD)680
Bail
Section
498 like section 496 or 497 does not require a person to place himself in cus-
todianlagis to be dealt with in accordance with law. Therefore, if he is
allowed antici- patory bail then upon furnishing bond he will subject himself
really to one form of custody. If the prayer is rejected or adinterim bail is
allowed but is subsequently cancelled, then the matter ends there and does not
entail the consequence that he has to be given to the police or jail custody.
His position cannot be worse than before the refusal of his prayer for/or
cancellation of anticipatory bail- Cr.P.C Sections-496, 497 and 498
K.M.
Jahangir Alam Vs. The State, 18BLD(HCD)680
Bail
A
man with a high social standing ranks equal before a Court of law with a man
sleeping rough on the pavement in front of the Curzon Hall. No one is entitled
to claim a privilege for himself nor can he claim a pref- erential treatment in
a Court of law on account of his wealth or status. So, innocence simpliciter is
not a ground for anticipatory bail. [Per Syed Amirul Isla J-Cr.P.C Section.498
Md. Belayet Hossain Sharif Vs. The State, 18BLD (HCD)172
Bail
Where
there is a possibility that the ac- cused may abscond and tamper with the evi-
dence in a case which provides for a sentence of death or imprisonment for
life, the accused is not entitled to bail-Cr.P.C Section.498 Major (Retd.) M.
Khairuzzaman Vs. The State, 18BLD (HCD)357
Bail
Only
after disposal of a Rule confirming the adinterim bail granted by the High
Court Division a subordinate Court would be com- petent to cancel the bail for
misusing the privilege of such bail-Cr.P.C Section.498
Dr.Mominur
Rahman alias Zinna and another Vs. The State, 18BLD (HCD) 433 Ref:
18BLD(HCD)(1998)172-Cited
Bail-Delay
in holding trial
There
is an unnecessary delay in holding the trial and there is no certainty when the
witnesses will turn up and when the trial can be concluded. In such a position
of uncer- tainty regarding the conclusion of the trial, the High Court Division
granted bail to the accused-appellant.
Anowar
Hossain @ Mohasin @ Anar Vs The State, 20BLD (HCD) 103
Bail
When
prosecution case is vague Having considered the vagueness of the prosecution
case, the statements of 2 witnesses made under section 14 of the Ain and the
mysterious dropping of accused Jalal and Lahauddin from the charge sheet, the
High Court Division was inclined to grant bail to the appellant. Bashani @
Shirajuddin Vs. The State, 20BLD (HCD)575
Bail
Section
497 of the Code speaks that when there is a reasonable ground for believing
that a person is guilty of offence punishable with death or imprisonment for
life, he should not be granted bail. Section 497 of the Code is a procedural
law and the accused having al- leged to have committed a substantive of- fence
of murder his liberty is curtailed and as such the argument with regard to
violation of fundamental right cannot be accepted in the facts of the instant
case. The State Vs. Faisal Alam Ansari, 20 BLD(AD)289
Bail
in a grave offence
The
accused-petitioner is an architect but he had direct complicity in the
commission of offence of the triple murder. The High Court Division held that
the accused-petitioner is not entitled to get any bail in the instant case.
Cr.P.C. Section-498
Shaik
Mohammad Aslam alias Md. Aslam alias Sweeden Aslam Vs. The State, 18BLD
(HCD)649
Ref:
23DLR(SC)41; 35 DLR (AD)279; 7 BCR(AD)143 Cited
Bail
In
an appeal against a short sentence bail should be ordinarily granted in the
exercise of a proper discretion because usually it takes time to hear the
appeal and with the passage of the period of sentence the appeal becomes
infructuous-Cr.P.C Section.426 Alal Uddin Vs. The State, 19BLD (AD) 202
Ref:
11 BLD(AD)96 Cited
Bail
Granting
of anticipatory bail is an ex- traordinary remedy and as such in the case of
accusations of non-bailable offences antici- patory bail should not be granted
and the per- son should be directed to seek bail under sec- tion 497 of the
Code-Cr.P.C Ss.497 and 498 The State Vs. Abdul Wahab Shah Chowdhury, 19BLD
(AD)189
Bail
There
is no dispute that the prayer for pre-arrest or anticipatory bail can be made
only under section 498 of the Code and under no other section of the Code. The
High Court Division and the Court of Sessions have con- current power under the
section.
The
pre-arrest or anticipatory bail is an extraordinary remedy and an exception to
the general law of bail which can be granted only in extraordinary and
exceptional circum- stances upon a proper and intelligent exercise of
discretion-Cr.P.C Section.498
The
State Vs. Abdul Wahab Shah Chowdhury, 19BLD (AD) 189
Bail
Reading
the statement of co-accused Ta- heruddin Thakur recorded under section 164 of
the Code and the statement of some of the witnesses recorded under section 161
of the Code it appears that there is a reasonable ground for believing that
they may be a party to a criminal conspiracy as alleged by the prosecution and
accordingly the prayer for bail is rejected with a direction to the State to
take all necessary steps for medical care and attention of the petitioners, who
are aged and said to be suffering from various ailments.
K.M.
Obaidur Rahman Vs. The State, 19BLD (HCD) 137
Bail
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. The State Vs.
Abdul Wahab Shah Chowdhury, 19BLD (AD)189
Bail
to a child
The
appellant is in jail hajat since 1.6.1998 in association with other adult
criminals in contravention of section 49(1) of the Act and as such in that view
of the matter the prayer for bail deserves consideration. Md Shamim Vs. The
State, 19BLD (HCD) 542
Bail-The trial Court is directed to issue notice upon the accused-petitioner to appear before it; failing which the Tribunal should proceed with the case in accordance with law. If the accused-petitioner is surrendered, the Tribunal shall consider the prayer for bail in accordance with law keeping the fact in mind that he was granted bail by the High Court Division and for last 18 years he has been enjoying the privilege of bail. Saiful Islam Jitu (Md) vs State, 65 DLR 234
Bail- If the accused persons instead of selling the trees can deposit about twenty five hundred crore taka they may be enlarged on bail. If the accused want to withdraw any money from their personal accounts in order to cover the deficient amount, we direct the commercial banks with which the accused persons are maintaining accounts to honour cheque(s) if any is presented for withdrawal of the money subject to the condition that the withdrawn money would be handed over to the Chairman of the Commission. Durnity Daman Commission vs Mohammad Hossain, 69 DLR (AD) 1
Bail in a Money Laundering Case- The proposal made by the counsel is reasonable one the Durnity Daman Commission has no objection if the Destiny Group can deposit at this stage about taka twenty eight hundred core or if the accuseds can deposit the sale proceeds from their own accounts. If the accused persons can collect the proposed amount, this amount will be distributed to the affected persons after verification. Durnity Daman Commission VS Mohammad Hossain, 69 DLR (AD) 1
Bail with Directions-Jailors, Dhaka and Kashimpur Central Jail to allow the accused persons to hold meeting of the companies if necessary and to execute any document or documents, resolutions, deeds etc. as may be necessary for the purpose of selling 35 lac matured trees owned by Destiny Tree Plantation Limited. We also direct the Jail Authority to allow all sort of co-operation as may be necessary for the purpose of completing the transaction for sale of the trees and receiving sale proceeds for onward transmission to the Chairman, Durnity Daman Commission for distribu- tion to the affected persons on the basis of list. The Special Judge shall admit the accuseds on bail to its satisfaction subject to the fulfilment of the terms. Durnity Daman Commission vs Hossain, 69 DLR (AD) 1
