Different kinds of Bail

The basic conception of the word Bail is release of a person from the custody of police and delivery into the hands of sureties who undertakes to produce him before the court whenever required to do so. – 51,DLR(AD)242


Different kinds of Bail

  1. Bail in Bailable Offences –Section 496 of CrPC
  2. Bail in Non-Bailable Offences-Section 497 of CrPC
  3. Anticipatory Bail- Offences-Section 498 of CrPC
  4. Bail in Appeal –Section 426.

Stage of granting a Bail

  1. In Pre-Trial Stage or Investigation Stage
  2. In Trial Stage
  3. In Post- Trial Stage

Bail petition in investigation in investigation period
Bail petition on different courts

  • Magistrate Court
  • Court of Sessions Judge
  • High Court Division
  • Appellate Division

In Investigation Stage/Pre-Trial Stage all Bail Petitions are to be  filed in the Magistrate Court, post trial if the Magistrate Court rejects Bail Petition then Bail Petition  to the Court of Sessions from that Order and if the Court of Sessions Judge Rejects the Bail Petition the Petition is to be filed  in HCD and if the HCD refuses the Bail the Petition is to be filed in the Appellate Division.

Bail petition on trial period

  • Magistrate Court or Court of Sessions Judge
  • High Court Division
  • Appellate Division (If Bail Petition is rejected in trial court then Bail Petition  to HCD and then AD)

Bail post-trial period

  • District Magistrate Court
  • Court of Sessions Judge
  • High Court Division
  • Appellate Division (In the petition of Appeal if the Accused is in the custody the Bail is to seeked in the petition of Appeal )

Bail Provisions in CrPC

  • Chapter 39 , Sections 496-502 of the Cr.P.C. deal with the provisions of Bail.
  • In Bailable  offence – Bail is mandatory
  • In Non-Bailable offence, Bail is the discretion power of the courts which has to be exercised with due care and caution on the facts and circumstances of each case.
  • In Non-Bailable offence, Bail is a  discretion of the Court. But such  discretion is to be exercised judiciously and not arbitrarily or capriciously.
  • Order of conditional bail is illegal and not proper. – 45 DLR (AD)8

General Principals for general bail

1. No prima-facie case made out:

  • In the absence of a prima-facie case against the accused there is no legal or moral compulsion to keep him in detention merely on the allegation that he was committed an offence punishable with death or imprisonment for life. – 44 DLR (AD)192,44 DLR 229, 9 BLD(AD)12

2. No specific overt act:

  • When there is no specific overt act involving the accused with the alleged offence except his name in the F.I.R. and as well as in the charge sheet only, he should not be barred from getting bail. – 44 DLR(AD)8, 44 DLR(AD)246,40 DLR 506

3. Benefit  of doubt:

  • If any doubt arises in the prosecution story, its benefit must go to the accused even for the purpose of bail. –  7BLD (AD)265

4. Exception under Crpc

  • Any person under the age of 16 years or any women or any sick or infirm person is entitled to be released on bail even in a case of serious nature as per provision  of Sec-497(i) of Cr.P.C. Infirmity due to old age is also a good ground for granting of bail.  – 49 DLR(AD) 119

 

5. Delay in lodging FIR:
 
  • Delay in lodging F.I.R. without having any reasonable explanation makes the prosecution case shaky and doubtful and hence this ground may be considered in granting bail.
  • 40 DLR(AD)69,44 DLR 492,    9 BLD 461, 15 BLD 53, 14 BLD 94, 9 BLD 474

6. Delay in investigation:

  • If the investigation is concluded with in the stipulated period as provided u/s 167(5)of Cr.P.C the enlarge the accused on bail. –  49 DLR 204

7. Delay in Trial:

  • Section -339C(1) , 339C(2) & 339C(4)
  • 20 DLR 339C, 14 BLD 604, 44 DLR 209, 8 BLD (AD) 21,5 MLR 105, 16 BLD 200

8. Delay in post trial:

  • Section 426 of Cr.P.C.
 

9. Long detention:

  • 50 DLR 258, 45 DLR 489, 18 BLD 163
 
10. Bail granted to co accused:
  • 35 DLR (SC)279, 43 DLR (AD)14, 21 BLD(AD)91,7BLD(AD)91,12 BLD 128, 3 BCR 170 SC, 50  LR 258,12 BLD 128

11. Plea of Alibi:

  • When a person success fully prove with evidence  that he was not present during the place at the time of offence he may get bail

12. Further inquiry

  • 497(2)- 49 DLR 116

13. No chance of absconsion:

  • ¨41 DLR (AD)112, 9 BLD (AD)2

14. Bail by Police:

  • Section 55 of CrPC
  • Other Bailable offences

15. Anticipatory Bail:

  • BAIL u/s 498
  • Section 497A by Law Reform Ordinance 1978 and was omitted 1982
  • Principles for grant of anticipatory bail (Page 41-42 of Sohul Hossain )
  • Para 4 & 5 of Page 27 and Para 1 & 2 of Abdur Rashid

16. Fresh bail:

  • When case is transferred in other Court by sending the case for trial or by transferring the case under section 525 to 528 of CrPC or Transfer through Appeal.

RELATION BETWEEN SECTION 497 and 498:

Bail in Non-Bailable offence and Bail Miscellaneous Case

Terms Relating to bail:

  • Bail Bond
  • Bail without sureties
  • Bail with sureties
  • Ad-interim Bail

Bail in case of offences under the Special Powers Act or others Special Laws:

¨In a case under above Laws, Bail Petition in the stage of investigation is to be submitted in the Magistrate Court and after rejecting the Bail Petition by Magistrate Court Bail Petition is to be submitted in the Court of Sessions Judge and if that Court rejects the Bail Petition then to HCD and then to AD
 
CANCELLATION BAIL
 
Section- 497(5)- [invalid reference, further reference needed.]
i) Where the person on bail during the period of bail commits the very same offence for which he is being tried or has been convicted
ii) If he hampers the investigation
iii) If he tampers with the evidence
iv) If he runs away to foreign country, or goes underground or beyond the control of his securities, and
v) If he commits acts or violence in revenge

10 BLD (AD)290, 11 BLD (AD) 64

 
UP-TO-DATE LAW AND RULINGS ON BAIL:
1.Bail in Non-Bailable offences like death penalty or Life Imprisonment
2.Bail and Anticipatory Bail- 3
3.Bond-5
4.Surties-5
5.Non-Bailable offence – 7
6.The main points for consideration in an application for bail-8

7. Principles governing grant of bail in the case of non-bailable offences-
8. Other considerations for grant of bail
9. Power of High Court in Bail matter-11
10. Bail in case of undue delay in disposal of cases-11
11.Grounds for granting bail for offences involving death sentences-12
12.Grounds for cancellation of bail-14
13. Cancellation of bail under other circumstances –a) Breach of Bond, b) Discharge of Sureties, c) Notice-15
14. Bond of accused and sureties
15.Bail Bond-16
16.Section 500 Discharge from Custody-21
17.Discharge from Sureties-Section-502-22
18.Consideration for bail-23

 
MD. Arafat Hossain
(Edited by Law Help BD admin)
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  • Aazi Chowdhury

    S. 497(5) of what? Crpc? That can’t be right..

    • Thank you for you comment. I think you are right.

      • Aazi Chowdhury

        Then at the beginning it is stated where bail needs to be filed.. where is that written?

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