Different kinds of Bail

by Law Help Bangladesh · Published August 26, 2013 · Updated September 26, 2018

The basic conception of the word Bail is a 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

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

Stage of granting a Bail

In Pre-Trial Stage or Investigation Stage
In Trial Stage
In Post- Trial Stage

Bail petition in an 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.

Symbolic Image: Bail

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 seek 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. The benefit of the 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 an investigation:

If the investigation is concluded within 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 successfully prove with evidence that he was not present during the place at the time of the 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

Bail by Police:

Section 55 of CrPC
Other Bailable offences

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

Fresh bail:

When the case is transferred to 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 the 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 the foreign country or goes underground or beyond the control of his securities, and

v) If he commits acts of 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 the death penalty or Life Imprisonment

2.Bail and Anticipatory Bail- 3

3.Bond-5

4.Surtees-5

5.Non-Bailable offence – 7

6.The main points for consideration in an application for bail-8

7. Principles governing the 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

Base on MD. Arafat Hossain’s Article & further Edited by Law Help BD admin

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