Introduction
Anticipatory bail is a provision under the Criminal Procedure Code, 1898 (CRPC) that allows a person to seek bail in anticipation of being arrested for a non-bailable offence. This provision aims to protect innocent individuals from harassment by the police and prevent them from being detained for an extended period.
What is Anticipatory bail?
Under the Code of Criminal Procedure (CRPC) 1898, anticipatory bail is a provision that allows a person to seek bail in anticipation of their arrest. In other words, it allows a person to apply for bail before they are actually arrested. Anticipatory bail is granted by the court in cases where a person has reason to believe that they may be arrested for a non-bailable offence. Non-bailable offences are those for which bail cannot be granted as a matter of right, and the accused person must first obtain the permission of the court before they can be released on bail.
To be eligible for anticipatory bail, the following conditions must be met:
1. The applicant must have a reasonable belief that they may be arrested for a non-bailable offence.
2. The Applicant must show that their arrest is not necessary for the purpose of the investigation.
3. The applicant must show that they will cooperate with the investigation and not temper with the evidence.
4. The court must be satisfied that the applicant will not flee from justice.
Procedure for Filing for Anticipatory Bail
The process for filing an application for anticipatory bail under CRPC includes the following steps:
1. The applicant must be made to the Court of Sessions or The High court, depending on the severity of the offence.
2. The applicant must be accompanied by an affidavit stating the reasons for seeking anticipatory bail.
3. The Court may also grant interim bail until the final hearing.
Grounds for Rejection of Anticipatory Bail
An anticipatory bail application can be rejected on the following grounds:
a. The applicant is likely to influence witnesses or tamper with the evidence.
b. The applicant is likely to abscond and evade the investigation.
c. The Court is not satisfied that the applicant is cooperating with the investigation
What are the grounds for refusing anticipatory bail in cases of rape, murder, and previous convictions under CRPC in Bangladesh?
Under CRPC, the court may refuse to grant anticipatory bail in cases involving serious offences such as rape and murder, as well as in cases where the accused has previous convictions. The reasoning behind this is that these offences are considered to be heinous crimes, and there is a risk that the accused may abscond or tamper with evidence if granted bail. In addition, the court may also consider factors such as the nature and gravity of the offence, the likelihood of the accused fleeing justice, and the potential danger posed to society if the accused is released on bail. If the court is not satisfied that the accused is not likely to abscond or tamper with evidence, or that their detention is necessary for the investigation of the case, then the court may refuse to grant anticipatory bail.
What are some leading cases in Bangladesh under CRPC that have had a significant impact on the legal system and the principles of justice?
Here are some leading cases of the High Court Division and Court of Sessions under CRPC in Bangladesh:
- State vs. Moshtaque Ahmed: This case dealt with the issue of anticipatory bail and established that anticipatory bail can be granted by the High Court Division under certain circumstances.
- State vs. Dr Mohiuddin Farooque: This case 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.
- State vs. Aminul Islam: This case dealt with the issue of double jeopardy and established that a person cannot be tried twice for the same offence.
- State vs. Ziaur Rahman: This case dealt with the issue of executive interference in the judiciary and established the principle of judicial independence.
- State vs. Matiur Rahman: This case established the principle of due process and established that the accused has the right to a fair trial, including the right to be heard and the right to cross-examine witnesses. These are some of the leading cases in Bangladesh under CRPC that have had a significant impact on the legal system and the principles of justice.
Is there a specific time period for anticipatory bail under CRPC in Bangladesh?
Under CRPC in Bangladesh, there is no specific time period for anticipatory bail. The duration of the bail order is at the discretion of the court, and it can be granted for a specified period of time or until further orders of the court. Generally, the bail order remains in force until the accused appears before the court or police as directed, or until the charges against them are dropped. In some cases, the court may impose conditions on the bail order, such as requiring the accused to surrender their passport or report to the police station regularly. Important to note that if the accused violates the conditions of the bail order, it may be cancelled by the court and the accused may be arrested.
Conclusion:
Anticipatory bail is available under CRPC in Bangladesh if the accused is unlikely to abscond or tamper with evidence, and their detention is not necessary for the investigation. However, in serious cases or where the accused has previous convictions, the court may refuse bail. The duration of the bail order is at the court.
discretion, and it remains in force until the accused appears as directed or the charges are dropped. Anticipatory bail is important for protecting the rights of the accused, but its availability depends on the circumstances of each case.
CLP Offers Expert Anticipatory Bail Services in Bangladesh
CLP, located in Gulshan, Dhaka, Bangladesh, is a reputable law chamber that offers expert legal services related to anticipatory bail for clients. Our team of experienced barristers, advocates, and lawyers can provide all necessary documentation, paperwork, consultation, and other related services to individuals seeking anticipatory bail in Bangladesh. We are known for assisting numerous clients in obtaining anticipatory bail in the country. If you need legal help or clarification regarding the anticipatory bail process in Bangladesh, you can contact CLP through email, phone, or visit our address. Stay updated with our blog for more information on legal activities.
Counsels Law Partners (CLP) Please reach us at E-mail: info@counselslaw.com or Phone: +8801700920980 (WhatsApp). +8801947470606. Address: Jamilla Villa (3rd
Floor), Flat No-C2, House No. 4/A/1, Road No. 02, Gulshan-1, Dhaka-1212.
