Anticipatory Bail Process in Bangladesh in 2023
What exactly is anticipatory bail?
Anticipatory bail, also known as pre-arrest bail, is an extraordinary remedy granted to an accused in criminal cases by the High Court Division. Anticipatory bail is granted in anticipation of arrest, as the name suggests. In Bangla, this is known as Agham Jamin.
If a criminal case is filed against you at a police station or in court, and the alleged offense is not bailable, you may apply to the High Court Division for anticipatory bail. There is no law that guarantees an accused anticipatory bail. Rather, anticipatory bail is granted at the Court’s discretion. Depending on the circumstances of your case, you may or may not be granted anticipatory bail.
What factors do courts consider when issuing anticipatory bail?
Courts usually consider the gravity of the alleged offence, the accused’s character, behavior, and position, the possibility of absconsion, and other factors when granting anticipatory bail. Furthermore, if the charge sheet for the case has already been submitted by police, you will no longer be eligible for anticipatory bail.
How long is anticipatory bail granted?
Anticipatory bail is typically granted for a short period of time in order to protect the accused from unnecessary harassment by law enforcement. Normally, such bail does not last more than 8(eight) weeks or after the charge sheet is submitted. You must surrender to the relevant subordinate court within the bail period and obtain regular bail.
What documents am I required to submit in order to apply for anticipatory bail process in Bangladesh?
You will need a copy of the FIR (First Information Report) if the case is lodged with the police station, or a copy of the Complaint Petition if the case is filed in court to apply for anticipatory bail. If you have any additional documents pertaining to your case, please send them to your lawyer.
Is it necessary for me to be physically present in court for anticipatory bail?
An accused must physically appear in court with necessary identification documents and other documents advised by your lawyer on the date of the hearing of the application for bail.
What is the purpose of anticipatory bail?
Anticipatory bail is granted to accused people in order to protect them and their families from the unnecessary harassment, humiliation, and disgrace that comes with being arrested. If you require anticipatory bail, you should contact a lawyer in the High Court Division as soon as you receive a copy of your case.
Causes of Anticipatory Bail in Bangladesh:
The court grants anticipatory bail when a person has reason to believe they will be arrested for a non-bailable offense. Non-bailable offenses are those for which bail cannot be granted automatically, and the accused must first obtain the court’s permission before being released on bail.
The following conditions must be met in order to be eligible for anticipatory bail:
- The applicant must believe that they will be arrested for a non-bailable offense.
- The Applicant must demonstrate that their arrest is not necessary for the investigation.
- The applicant must demonstrate that they will cooperate with the investigation and will not manipulate the evidence.
- The court must be convinced that the applicant will not flee the justice system.
Anticipatory Bail Filing Procedure
The following steps are involved in filing an application for anticipatory bail under the CRPC:
- Depending on the gravity of the offense, the applicant must go to the Court of Sessions or the High Court.
- The applicant must be accompanied by an affidavit explaining why anticipatory bail is being sought.
- In addition, the Court may grant interim bail until the final hearing.
The stages of bail granting procedure:
First, the accused must retain legal counsel. The appointed lawyer will draft a petition and present it to the judicial court for consideration.
After receiving the bail petition, the GRO shall prepare the prescribed file and submit it to the concerned judicial magistrate court for the conduct of the bail under section 496.
Then, on behalf of the accused, the concerned lawyer must appear before the honorable court to hear the petition. If the bail is approved by the court, the concerned lawyer must submit the bail bond. The magistrate must sign the bail bond, and then the police authority must release the person.
The accused must appear before the relevant court on the specified date on command, and if he fails to do so, the court will cancel his bail. If the lower court does not consider bail, the accused may appear before the high court under CrPC section 498. There are no express legal provisions for ad-interim or interim bail, but the court has the inherent power to grant this type of bail.
However, under section 497 of the CrPC, bail can be revoked by the High Court Division or the Court of Session; in addition, any other court that released the accused on bail can order the person to be arrested and taken into custody. A trial in Magistrate Court must be completed within 180 days, and a trial in Session Court must be completed within 360 days.
Reasons for Rejecting Anticipatory Bail
An anticipatory bail application can be denied for the following reasons: a. The applicant has the potential to influence witnesses or tamper with evidence.
b. The applicant is likely to flee and avoid prosecution.
c. The Court is not convinced that the applicant is assisting the investigation.
In Bangladesh, what are the grounds for refusing anticipatory bail in cases of rape, murder, and previous convictions under the CRPC?
According to the CRPC, the court may refuse to grant anticipatory bail in cases involving serious offenses such as rape and murder, as well as cases in which the accused has a prior conviction. The reasoning behind this is that these are heinous crimes, and there is a risk that the accused will flee or tamper with evidence if granted bail.
Furthermore, the court may take into account factors such as the nature and gravity of the offense, the likelihood of the accused evading justice, and the potential danger to society if the accused is released on bail. If the court is not convinced that the accused is unlikely to flee or tamper with evidence, or that their detention is required for the investigation of the case, it may refuse to grant anticipatory bail.
What are some leading CRPC cases in Bangladesh that have had a significant impact on the legal system and justice principles?
Here are some leading cases from Bangladesh’s High Court Division and Court of Sessions under the CRPC:
State vs. Moshtaque Ahmed: This case addressed the issue of anticipatory bail and established that the High Court Division can grant anticipatory bail in certain circumstances.
- The case of State vs. Dr. Mohiuddin Farooque established the principle that the accused has the right to a fair trial and that the prosecution must prove their case beyond a reasonable doubt.
- Aminul Islam v. State: This case addressed the issue of double jeopardy and established that a person cannot be tried twice for the same crime.
- The case of State vs. Ziaur Rahman addressed the issue of executive interference in the judiciary and established the principle of judicial independence.
Is there a time limit for anticipatory bail under the CRPC in Bangladesh?
In Bangladesh, there is no time limit for anticipatory bail under the CRPC. The length of the bail order is at the discretion of the court, and it can be granted for a set period of time or until further orders of the court are issued. In most cases, the bail order remains in effect until the accused appears in court or before the police as directed, or until the charges against them are dropped.
The court may impose conditions on the bail order in some cases, such as requiring the accused to surrender their passport or report to the police station on a regular basis. It is important to note that if the accused violates the terms of the bail order, the court may cancel it and the accused may be arrested.
Anticipatory bail is available in Bangladesh under the CRPC if the accused is unlikely to flee or tamper with evidence and their detention is not required for the investigation. However, in serious cases or where the accused has a history of convictions, the court may deny bail.
The length of the bail order is at the discretion of the court, and it is in effect until the accused appears as directed or the charges are dropped. Anticipatory bail is essential for protecting the rights of the accused, but its availability is determined by the facts of each case.
Details on the Periods of Anticipatory Bail
- In 51 DLR (AD) 24230, paragraph 43, this Hon’ble Division held that anticipatory bail should be granted for a limited period or until the Charge Sheet is filed, whichever is appropriate.
However, in 66 DLR (AD) 92, paragraph 24(h), this Division held that the concerned Court should dispose of the application immediately by granting anticipatory bail for a period not normally exceeding four weeks without issuing a Rule.
Anticipatory bail should be granted by the High Court Division for a limited period or until the filing of the Charge Sheet, whichever is appropriate in the circumstances of the case. After the period has expired or the Charge Sheet has been filed, the accused must appear before the Court concerned and obtain new bail on the merits of the case.
If the application is satisfied in all respects, the High Court Division shall dispose of it immediately by enlarging the accused on a limited bail of no more than four weeks, without issuing any Rule.
- That this Hon’ble Division has not given any reasons for limiting the period of anticipatory bail to only four weeks. There is no legal basis for the period of anticipatory bail that this Hon’ble Division has set.
Fixing such a specific period limits the Court’s discretion and departs from the principle established in the case of State vs. Abdul Wahab Shah Chowdhury, where it was held as follows:
Granting anticipatory bail in an exceptional circumstance is a matter for the learned Judges to decide on the facts of a specific case, and it is extremely difficult to limit anticipatory bail to these categories only. The special and exceptional circumstances are to be left to the learned Judges’ discretion.
- Finally, in the case of State vs. Professor Dr. Morshed Hasan Khan and 16 Others, reported in 71 DLR (AD) 364, our Supreme Court issued 16-point directives for anticipatory bail. The Court decided that anticipatory bail should normally be extended for no more than 8 (eight) weeks and should not be extended after the charge sheet was submitted.
Interim bail process in Bangladesh
According to Section 498 of the Criminal Procedure Code, if a person is to be released from jail until the case is resolved after being detained by the police, he will need to obtain interim bail from the court. However, in this instance, several steps are required for bail. He was initially presented in magistrate’s court following his arrest.
There, he must apply for bail via an attorney. The Sessions Judge and the District Judge must appear in court if bail is denied. If bail is denied there as well, one must file a bail application with the High Court. If the High Court denies bail, the last resort is to await the decision of the Appellate Division. If he is granted bail at any point during this process, he will be able to leave jail. Unless the government or the opposition appeals it.
Bail is a fundamental right of every citizen involved in a legal proceeding. However, the accused must first demonstrate that he is a respected individual. He has been or will be arrested on suspicion of motive or malice. So he must post bail.
Contact the best law firm in Bangladesh for your Anticipatory Bail Process in Bangladesh:
Tahmidur Remura Wahid TRW, located in Mohakhali DOHS, Dhaka, Bangladesh, is a reputable law firm that provides anticipatory bail legal services to clients. Individuals seeking anticipatory bail in Bangladesh can rely on our team of seasoned barristers, advocates, and attorneys for all the required documentation, paperwork, consultation, and other services.
We are well-known throughout the nation for assisting numerous clients in obtaining anticipatory bail. If you require legal assistance or clarification regarding the anticipatory bail procedure in Bangladesh, please contact Tahmidur Remura Wahid TRW via email, telephone, or in person at the address listed below.
DHAKA: House 410, ROAD 29, Mohakhali DOHS
DUBAI: Rolex Building, L-12 Sheikh Zayed Road
LONDON: 1156, St Giles Avenue, Dagenham
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