What is Bail & How to get Bail?
As a Bangladeshi citizen of the country, every person has the right to justice. If he gets involved in a criminal case, he has to appear in court and take bail. There are two types of bail. One is anticipatory/advance bail and the other is interim bail. However, how to get bail and what is bail is discussed below.
Anticipatory Bail & Interim Bail in Bangladesh
The bail that he takes from the Sessions or High Court division of the Supreme Court of Bangladesh to avoid arrest after a case is filed against him is usually called anticipatory bail. The bail that is taken while the case is pending in jail is called interim bail.
When a person is granted bail in anticipation of arrest or in anticipation of arrest, it is called Anticipatory Bail. The accused can take bail from the court before arrest. As an exception to the general rule of bail, such bail is granted under the exclusive jurisdiction of the High Court. When a person has reason to believe that he or she may be arrested for a non-bailable offense, the High Court, if he or she deems it appropriate to apply to the High Court Division, will at that time order anticipatory bail to prevent the person from being arrested in the future.
There is no specific provision in the law for granting anticipatory bail. Explaining Section 497 of the Criminal Procedure Code, the court continued to grant anticipatory bail. Therefore, one has to apply for anticipatory bail in accordance with Section 497 of the Criminal Procedure Code. The wording of this section may direct the High Court Division to grant bail to any person; Only the High Court Division explains this part.
How to conduct bail hearing?
In order to get anticipatory bail, the applicant has to prove in court that he is disgusted with the government and fears arrest. He must show that the state wants to arrest him with malicious intent and that this could cause irreparable damage to his reputation and freedom. In a 1973 PLD case, it was stated that the police had to prove in court that they wanted to arrest him for political motives. In a 1985 case, a full bench of the Appellate Division ruled that a person could be granted anticipatory bail if he or she feared being involved in a malicious case for the purpose of belittling someone. However, in order for the accused not to leave the country and to appear only as directed by the court, he has to be careful in granting bail in advance.
If a person is to be released from jail till the case is settled after being detained by the police, he will have to take interim bail from the court as per Section 498 of the Criminal Procedure Code. However, in this case, there are several steps to be taken for bail. He was first produced in magistrate’s court after his arrest. There he has to apply for bail through a lawyer. If bail is denied, the Sessions Judge and the District Judge have to come to the court. If bail is denied there too, one has to apply for bail in the High Court. If bail is denied in the High Court, the last hope is to wait for the verdict of the Appellate Division. He will be able to get out of jail if he is granted bail in any one of the stages of this. Unless the state or the opposition appeals against it.
Bail is a fundamental right of every citizen after being involved in a case. But first, the accused has to prove that he is a respected person. He has been or will be arrested for motive or malicious intent. So he needs bail.
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