by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
A naraji petition is a formal objection filed by the complainant before the Magistrate when the police submit a final report (also called a closure report or non-FIR report) recommending that no case be filed or that the case be closed without prosecution. The word 'naraji' means 'dissatisfied' or 'objection' in Bangla. Filing a naraji petition is the complainant's primary remedy when the police fail to investigate a case properly or when they are influenced by the accused. TRW — Tahmidur Rahman Remura Wahid Law Associates prepares and argues naraji petitions with detailed legal and factual analysis.
Legal Basis for Naraji Petitions
The legal basis for naraji petitions is found in Section 200 of the CrPC and the case law of the Supreme Court of Bangladesh. When the police submit a final report, the Magistrate is required to consider the report and the complainant's objections before deciding whether to take cognisance of the offence. The Magistrate has the power to reject the police final report and to take cognisance of the offence on the basis of the complainant's naraji petition. The Magistrate may also direct further investigation under Section 156(3) of the CrPC.
The Supreme Court of Bangladesh has held in numerous cases that the Magistrate is not bound by the police final report and must apply their independent judicial mind to the question of whether cognisance should be taken. TRW's lawyers cite these precedents in every naraji petition.
Grounds for Filing a Naraji Petition
A naraji petition is filed on the following grounds. The police investigation was incomplete or biased. The police failed to examine important witnesses. The police failed to seize relevant evidence. The police were influenced by the accused or their associates. The final report does not accurately reflect the evidence. The offence is clearly made out on the available evidence. TRW prepares a detailed naraji petition setting out these grounds with supporting evidence and legal arguments.
TRW also files applications for further investigation under Section 156(3) of the CrPC, directing the police to conduct a proper investigation. This is particularly effective when the police have been negligent or corrupt in their investigation.
The Naraji Petition Process
The naraji petition is filed before the Magistrate who received the police final report. The Magistrate fixes a date for hearing the petition. TRW appears before the Magistrate and argues the petition, producing evidence and witnesses as necessary. The Magistrate then decides whether to accept the police final report or to reject it and take cognisance of the offence. If the Magistrate rejects the naraji petition, TRW files a revision before the Sessions Court or the High Court Division.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's criminal law team have successfully argued naraji petitions in cases involving assault, fraud, cheque dishonour, and other offences. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: How long do I have to file a naraji petition?
A: The naraji petition should be filed promptly after the police final report is submitted. There is no fixed limitation period, but delay may prejudice the petition.
Q: Can I file a naraji petition if I was not the original complainant?
A: Generally, only the original complainant can file a naraji petition. However, in some cases, an aggrieved person who was not the original complainant can file a complaint under Section 200 of the CrPC.
Q: What happens if the Magistrate rejects my naraji petition?
A: TRW files a revision before the Sessions Court or the High Court Division to challenge the Magistrate's order.
by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
A surrender petition is a formal application by which an accused person voluntarily submits to the jurisdiction of the court, avoiding the stigma and trauma of arrest. It is the most dignified and legally effective way to deal with a pending warrant or anticipated arrest in Bangladesh. TRW — Tahmidur Rahman Remura Wahid Law Associates prepares and files surrender petitions across all courts in Bangladesh, ensuring that clients surrender safely and obtain bail on the same day.
Why Surrender Before the Court Rather Than the Police
Surrendering before the court rather than the police has several important advantages. First, it avoids police custody and remand. When a person surrenders before the court, they are produced before the Magistrate directly, without passing through a police station. Second, it allows the lawyer to file a bail application simultaneously, maximising the chances of immediate release. Third, it demonstrates respect for the judicial process, which courts view favourably. Fourth, it avoids the risk of mistreatment or coercion that can occur in police custody. Under Section 436A of the CrPC, a person who has been in custody for half the maximum period of imprisonment for the offence is entitled to bail — surrendering before the court starts this clock running from the date of surrender.
The Code of Criminal Procedure 1898 does not explicitly provide for surrender petitions, but the practice is well-established and universally accepted by Bangladesh courts. The court has inherent power to accept a voluntary surrender and to grant bail to the surrendering accused.
How TRW Prepares a Surrender Petition
TRW's surrender petition includes: a detailed explanation of why the accused was unable to appear earlier; an undertaking to appear before the court on all future dates; a request that the warrant be recalled; and a simultaneous bail application. TRW accompanies the client to court on the date of surrender, ensuring that the process is smooth and that bail is obtained before the client leaves the court. TRW also advises the client on what to say and what not to say before the Magistrate.
In cases where there is a risk of arrest before the surrender can be arranged, TRW applies for anticipatory bail before the Sessions Court or the High Court Division to provide interim protection. See our guide on bail petitions in Bangladesh.
After Surrender: Bail Conditions and Compliance
After bail is granted following surrender, TRW ensures that the client complies with all bail conditions. TRW prepares the bail bond and surety documents, advises the client on their obligations, and monitors the case for any application to cancel bail. TRW also provides the client with a case diary showing all future court dates and sends advance reminders before each date.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's criminal law team have guided hundreds of clients through the surrender process. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: Is it safe to surrender before the court?
A: Yes. Surrendering before the court is the safest way to deal with a warrant. TRW accompanies the client to court to ensure the process is smooth.
Q: Can I surrender before the court in a non-bailable offence case?
A: Yes. TRW files a bail application simultaneously with the surrender petition, maximising the chances of immediate release.
Q: What if the court refuses bail after surrender?
A: TRW immediately moves to the Sessions Court or the High Court Division for bail.
by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
A warrant recall application is a formal petition to the court that issued an arrest warrant, requesting that the warrant be recalled (cancelled) and the case restored to its normal hearing schedule. This is often the most effective way to deal with an arrest warrant — avoiding arrest entirely while regularising the accused's position before the court. TRW — Tahmidur Rahman Remura Wahid Law Associates files warrant recall applications across all courts in Bangladesh with a high success rate.
When Is a Warrant Recall Application Filed?
A warrant recall application is filed when: the accused was unaware that a case had been filed against them; the accused was unable to attend court due to illness, travel, or other genuine reasons; the accused was not properly served with the summons; the accused's previous lawyer failed to attend court without informing the accused; or the accused has recently become aware of the warrant and wishes to regularise their position. The application must be filed promptly — the longer the delay, the more difficult it becomes to persuade the court to recall the warrant.
Legal Basis for Warrant Recall
The court's power to recall a warrant is inherent in its jurisdiction. Under Section 75 of the CrPC, a warrant is issued when a summons has not been complied with or when the court is satisfied that a summons would not be effective. The court that issued the warrant has the power to recall it if it is satisfied that the accused has a valid explanation for non-appearance and will attend court in the future. The court may impose conditions on the recall, such as requiring the accused to deposit a bail bond or to surrender their passport.
How TRW Prepares a Warrant Recall Application
TRW's warrant recall application includes: a detailed explanation of the reasons for non-appearance; supporting documents (medical certificates, travel documents, etc.) where relevant; an undertaking that the accused will appear before the court on all future dates; a bail application (if the warrant is non-bailable); and a request that the case be restored to its normal hearing schedule. TRW appears before the court on the date of hearing and argues the application, addressing any concerns the court may have. In most cases, TRW successfully recalls the warrant on the first application.
Simultaneous Bail Application
If the warrant is non-bailable, TRW files a bail application simultaneously with the warrant recall application. This ensures that even if the accused is arrested before the warrant can be recalled, bail is available immediately. TRW also considers whether an anticipatory bail application before the Sessions Court or High Court is appropriate to provide additional protection. See our guides on bail petitions and what to do when a warrant is issued.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's criminal law team have successfully recalled warrants in hundreds of cases across Bangladesh. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: Can a warrant be recalled without the accused appearing in court?
A: Generally, the accused must appear in person before the court for the warrant to be recalled. TRW accompanies the client to court to ensure the process is smooth and safe.
Q: What if the warrant has been outstanding for a long time?
A: The longer the warrant has been outstanding, the more difficult it is to recall. However, TRW has successfully recalled warrants that have been outstanding for years by presenting compelling explanations.
Q: Can a warrant be recalled in a cheque dishonour case?
A: Yes. Warrants in cheque dishonour cases are commonly recalled when the accused was unaware of the case or was not properly served.
by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
Remand — the detention of an accused person in police custody for interrogation — is one of the most contested aspects of criminal procedure in Bangladesh. While the law permits remand in appropriate cases, it is frequently misused. TRW — Tahmidur Rahman Remura Wahid Law Associates vigorously challenges remand applications and works to limit the period of police custody to protect clients' rights and dignity.
Legal Basis for Remand in Bangladesh
Remand is authorised by Section 167 of the CrPC. When a person is arrested and the investigation cannot be completed within 24 hours, the police may produce the accused before a Magistrate and request remand (police custody for further investigation). The Magistrate may authorise detention in police custody for up to 15 days in total (in instalments of up to 7 days at a time) and in judicial custody for up to 60 days (for offences punishable with death or life imprisonment) or 30 days (for other offences). After the expiry of the remand period, if the charge sheet has not been filed, the accused is entitled to bail under the proviso to Section 167(2) of the CrPC (the "default bail" provision).
The Supreme Court Guidelines on Remand
The Supreme Court of Bangladesh has issued important guidelines on remand in the landmark case of BLAST v Bangladesh [2003] 55 DLR (HCD) 363. These guidelines include: the police must show specific grounds for remand; the Magistrate must apply their mind independently and not mechanically grant remand; the accused must be produced before the Magistrate in person; the accused's lawyer must be allowed to oppose the remand application; and the Magistrate must record reasons for granting remand. TRW's lawyers cite these guidelines in every remand hearing to protect clients' rights.
How TRW Challenges Remand
TRW challenges remand applications on the following grounds. The police have not shown specific grounds for further interrogation. The accused has already cooperated with the investigation. The investigation is substantially complete. Continued remand would be oppressive and disproportionate. The accused has a medical condition that makes police custody dangerous. The accused has not been informed of the grounds for remand. TRW appears before the Magistrate at the remand hearing and argues these grounds vigorously, often successfully reducing or eliminating the remand period.
Default Bail After Expiry of Remand Period
If the police fail to file the charge sheet within the prescribed period (60 days for serious offences, 30 days for others), the accused is entitled to default bail under the proviso to Section 167(2) of the CrPC. TRW monitors the remand period carefully and files for default bail immediately upon expiry of the period. This is an important remedy that is often overlooked by less experienced lawyers. See our guide on bail petitions in Bangladesh.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's criminal law team appear at remand hearings and challenge remand applications effectively. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: Can the police take remand more than once?
A: Yes, but the total period of police custody cannot exceed 15 days. Each instalment of remand must be separately authorised by the Magistrate.
Q: What is the difference between police custody and judicial custody?
A: Police custody (remand) means the accused is held at the police station for interrogation. Judicial custody means the accused is held in jail (not at the police station).
Q: Can a lawyer be present during police interrogation?
A: The law does not explicitly provide for a lawyer to be present during interrogation, but the accused has the right to consult a lawyer before and after interrogation.
by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
A bail petition is a formal application to the court requesting that an accused person be released from custody on conditions. In Bangladesh, bail is a fundamental right for bailable offences and a discretionary relief for non-bailable offences. TRW — Tahmidur Rahman Remura Wahid Law Associates prepares and argues bail petitions before Magistrate courts, Sessions Courts, and the High Court Division with a proven track record of success.
Legal Framework for Bail in Bangladesh
Bail in Bangladesh is governed by Sections 496-502 of the Code of Criminal Procedure 1898 (CrPC). Section 496 provides that in bailable offences, bail is a matter of right. Section 497 governs bail in non-bailable offences, giving the court discretion to grant or refuse bail. Section 498 gives the Sessions Court and the High Court Division concurrent jurisdiction to grant bail in any case. The Constitution of Bangladesh (Article 33) guarantees the right to liberty and the right not to be detained without lawful authority. The courts have consistently held that bail is the rule and jail is the exception for under-trial prisoners.
Bailable vs Non-Bailable Offences
The distinction between bailable and non-bailable offences is critical. Bailable offences are listed in the First Schedule to the CrPC. For bailable offences, bail must be granted by the police or the Magistrate as a matter of right. Non-bailable offences are all offences not listed as bailable. For non-bailable offences, bail is at the court's discretion. However, even for non-bailable offences, the court must consider the specific circumstances of the case and cannot refuse bail arbitrarily. TRW's lawyers assess the classification of the offence and prepare the bail petition accordingly.
Grounds for Bail in Non-Bailable Offences
TRW argues the following grounds in bail petitions for non-bailable offences. The accused has no prior criminal record. The accused has strong ties to the community and is not a flight risk. The investigation is complete and there is no risk of evidence tampering. The accused has been in custody for a long time without trial. The co-accused have been granted bail. The evidence against the accused is weak or circumstantial. The accused is suffering from a serious illness. The accused is the sole breadwinner of the family. These grounds are supported by judicial precedents from the Supreme Court of Bangladesh and the High Court Division.
The Bail Petition Process
TRW's bail petition process involves the following steps. Reviewing the FIR, charge sheet, and case documents. Identifying the applicable sections and the classification of the offence. Researching relevant judicial precedents. Drafting a comprehensive bail petition with supporting affidavit. Filing the petition before the appropriate court. Appearing before the court and arguing the petition orally. If bail is refused, immediately filing before the next higher court. See our guide on bail hearing preparation.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's criminal law team have successfully argued bail petitions in hundreds of cases. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: Can bail be granted in a narcotics case in Bangladesh?
A: Yes, but it is more difficult. The Narcotics Control Act 1990 has specific provisions on bail. TRW has experience in narcotics bail applications.
Q: What is a surety in a bail bond?
A: A surety is a person who guarantees that the accused will comply with the bail conditions. The surety must satisfy the court as to their financial standing.
Q: Can bail be cancelled after it is granted?
A: Yes. The prosecution can apply to cancel bail if the accused violates bail conditions or if new evidence emerges.
