Subject: Submission of a research monograph on “BARAGE PROVISION IN THE BANGLADESH CRIMINAL JUSTICE SYSTEM”. It is also claimed that no portion of this Research Monograph has been previously submitted or published anywhere.
CHAPTER: ONE 1. Introduction
- Statement of Problem
- Objective
- Literature Review
- Research Methodology
- Limitation of the Research
A lot of work has been done before this, for example, Abdul Halim writes in his book titled “Criminal Procedure Textbook” but he could not give a clear concept on fixing bail in non-bailable offences. Siddiqur Rahman Miah in his book ―Law of Bail‖ general provisions of bail, conditional bail, bail under special laws etc.
CHAPTER: TWO Types and Definition
- Definition of Bail
- Bailable and non bailable offence
- Ad Interim Bail
- Anticipatory Bail
- Bail Bond
- Forms of Bail
- Surety If any person seeks bail then a third person has to give a surety on behalf of the defendant and the third person has to pay 10% of total amount of money if the defendant
- Bail proceedings
- Important Provisions relating to Bail
If the magistrate, session judge believes that such a course should be followed and it is always open to them to either dispose of the application on the same day and in the alternative release the accused on personal bond until the application is disposed of is. It may also be pointed out that the applicant is entitled to claim the benefit of the proviso to section 497 (1) Cr.P.C which contains special provision for bail to women. If the Sessions Judge fails to dispose of the same, there is no scope for allowing the accused to proceed on the bail granted by the Magistrate, he should be sent to prison custody 9.
Assets – the accused or a person acting on his behalf pledges immovable property with a value at least equal to the bail amount. State bail conditions, including the bail amount and any special conditions for release. Bail may be required in the event of a misdemeanor, depending on the circumstances and seriousness of the offense. For example, the defendant may be prohibited from traveling outside the court's jurisdiction, or may be prohibited from contacting the victim or the victim's family.
If the defendant fails to appear at subsequent proceedings, or violates any condition of the bond, he or she will be required to pay the full amount of the bond. 17. Where a person charged with a bailable offense is arrested or detained without warrant by an officer-in-charge of a police station or appears or is brought before a court or at any stage of the proceedings before such court to grant bail , such person is released. with one condition.
CHAPTER:THREE Bail in Bailable Offences
- Principle of granting bail
- Which Court can grant bail?
- What are the different stages involved in granting a bail?
- Cancellation of bail
- Conditions of bail
- When does Court Refuse Bail?
- Misuse of the power of granting bail
- Abolishing bail able and non bail able offence
When the court will grant bail to any accused person, the court must record the reason for the release of that person on bail. The general principle is that the court to which the accused person is presented after arrest can grant bail if there are sufficient grounds for bail. The power to grant bail to the accused by the trial court is therefore very important and justified.
According to Section 496 of the CRPC, if arrested by the police officer on a criminal charge, the suspect will be released on bail if the application for bail is made to the court. The general rule is that the court must grant bail unless one of the following conditions applies. But sometimes we look forward to the defendant not being able to get bail on a bailable felony in court.
On the other hand, in cases of non-bailable offences, it is the discretion of the court to grant or deny bail to the accused person. In most cases, the court issues the conditional release of the accused when the accused is charged with a bailable offense.
CHAPTER: FOUR Bail in Non bailable offence
- Bail on Humanitarian Ground
- Principles for Granting of pre-arrest Bail
- Guiding principles of granting a bail
- Who can grant bail u/s 497?
- When bail may be refused
- When Court may grant bail in non-bailable offence
- Procedure of non bailable offences
- The grant of Bail is not a matter of right
- Condition of non bailable
- Difference Between bail and non bailable offences
- Fees for bail bond
- Costing for submitting bail prayer and bail bond
- Bad practice and customs in court (bail matter)
- Photo of the ajahrkhari in ajahar and picture of accused in bail prayer
- Bad practice of giving direction of superior judge on bail matter should be stopped
It is then up to the Court to decide whether to grant or reject the application for bail. In this case, the accused will have to go to court, and it is the discretion of the court whether or not to grant bail. Thus, the bail fee is only 25 taka. Sometimes some people think that the defendant will have to pay the amount set by the court at the time the bail is filed.
At the time of surrendering the bail, the accused will have to pay only 25 taka for the legal fee. So the bail fee is only 25 taka.‖ Sometimes some people think that the accused will have to give the amount fixed by the court at the time of surrendering the bail. On the matter of Bail Act (CRPC) allows the Magistrate Court to hear the matter of bail of the accused person.
The rationale behind it is that if the judge does not consider the bail case, the accused must be in police custody until the High Court hears his bail case. There is no legal requirement prescribed in the law that the ajaharkari or the accused persons can be properly identified by the court. If another person appears in court on behalf of the original defendant, how will the court identify the defendant.
If the photo of ajahrkari is inserted in the ajahar and the photo of the suspect in the bail application, the identification problem is solved.41.
CHAPTER: FIVE
Bail provisions in special Laws 5. Introduction
- Bail in Special law
- Prevention of Corruption Act 1947
- Nari – O- Shishu Nirjaton Daman Ain, 2000
- Madak Drabbya Niyantran Ain, 1990
- Conclusion
In this case, it was also held that even if a charge is filed under Nari-O-Shishu Nirjatan Daman Ain, the case remains a GR case until admitted by a court constituted under Nari-OShishu Nirjatan Daman Ain. also held that criminal proceedings under the Nari-OShishu Nirjatan Daman Ain commence when the court passes judgment and as such the court cannot exercise its power to grant bail under section 19 of the Ain before passing such judgment.43 But in in two other cases reported in 56 DLR 279 = 24 BLD 236 =13 BLT 302 = 9 MLR 173 and 24BLD 205 a Division Bench of the High Court took a different view. In the absence of such specific provision, the provision of sub-section (2) of section 5 of the Code shall apply to the consideration of any bail application and the forum shall be determined subject to the quantum of punishment as specified in Schedule II of the Code under the heading of "INDICTABLE LAWS", wherein the court must take into account the nature of the crime and the involvement of the defendant.
To free, or deliver from arrest or out of custody, on the undertaking of one or more other persons, that he or they will be responsible for the appearance of the person bailed on a certain day and place. Bail is an alternative preventive measure to the preventive measure used as custody against the accused, and it is used only in the event that the court has decided to detain the accused. By bail, we mean a sum of money, securities, other valuables or, if the court allows it, also real estate, which is paid into the court's deposit account to ensure that the defendant is available to the agency conducting the criminal proceedings.
During this time, a lawsuit will be filed against him and, if necessary, the issue of choosing detention as a preventive measure will be decided in court. When examining the request of the pre-investigation body, the investigator or the prosecutor for the measure of detention, the court also discusses the possibility of conditional release of the defendant.
CHAPTER: SIX Judicial Decisions
- Abdus Sukur & 6 vs the state
- Abdul Wahab Shah Chowdhury Vs. The State 19 BLD (AD)
- Anwar Hossain vs State 1995 , 17 DLR
- Shaikh shahidul Islam vs. State 44 DLR (AD)
31 must rely on the allegations made in the police report, the nature and credentials of the evidence the prosecution proposes to lead in the case, and all other relevant circumstances surrounding the merger. In the instant case, though more than six months had passed since the lodging of the FIR, nothing was produced before the court except the allegations made in the FIR to show that there was reasonable cause as required under Section 497(1) Cr.P.C. ‖. If the offense is punishable by death or transportation - in the event of a request for bail, the court must be satisfied before rejecting the request that there is a prima facie case for the involvement of the accused in the offense.
It seems appropriate to take this opportunity to make it clear that the application for bail is whether it is a refusal or cancellation of bail by the court. has to specifically mention section 498,CrPc in the cause heading of the petition and the accused seeking bail has to anything new but in fact he has to surrender again before hearing the application. As a result, the rule is absolute satisfaction to the deputy commission. It is the duty of the prosecution to disclose these reasonable grounds, and the court must examine the information available in the case to determine whether there are such reasonable grounds that would connect the defendant to the crime charged.
The court's conviction on the point must be based on the accusation made in the report to the police, the nature and credentials of the evidence the prosecution intends to lead in the case, and all the other relevant circumstances surrounding the consent. In the present case, though more than six months have elapsed since the filing of the FIR, nothing has been placed before the court except the allegation made in the FIR to show that reasonable grounds were there as required under section 497 (1) CrPC.50.
CHAPTER: SEVEN Concluding Part
Conclusion
In turn, the guarantors accept the responsibility of getting the accused to answer the charges against him at a certain time and place. While bail ensures that unnecessary suffering of presumed innocent persons is avoided, conversely it can hinder the administration of justice by allowing the accused to abscond or threatening victims and witnesses. Granting or denying bail can also lead to economic and social hardship for the families of the victim and witnesses.
Therefore, it must be emphasized here that reforms in bail related steps should be accompanied by penal systems to ensure early identification and speedy trial of exemplary punishment for introducing false and frivolous cases. A comprehensive awareness program against fake cases should also be implemented to reduce and prevent the introduction of such cases. Otherwise, the use of the bail procedure against the weaker sections of society could escalate, which would threaten the goals of the mentioned bail practice reforms.
Bibliography and case study
