Staff Reporter :
The Appellate Division of the Supreme Court (SC) provides 16 point guidelines for grant or refusal of anticipatory bail in a judgement.
In the guidelines the SC said, “In the cases involve grave offence like murder, dacoity, robbery, rape etc where it is necessary to arrest the accused and bring his movements under restraint to infuse confidence among the terror-stricken victims the accused should never be enlarged on anticipatory bail. Such discretion should be exercised with care and circumspection depending upon the facts and circumstances justifying its exercise.”
“The anticipatory bail granted by the court should ordinary be continued not more than
eight weeks and shall not continue after submission of charge sheet, and the same must be in connection with non-bailable offence,” the guidelines also said.
A seven-member bench of the Appellate Division headed by the Chief Justice Syed Mahmud Hossain delivered the judgement after hearing some leave to appeal petitions filed by BNP Secretary General Mirza Fakhrul Islam Alamgir and others.
The short judgement was delivered on April 18, 2019, but the full text of the judgement published on Thursday.
In the observations the SC said, it is expected that every arrest must be in accordance
with the procedure establish by law.
“Personal liberty deprived when bail is refused, is too precious a value of our constitutional system recognized under Article 32 that the crucial power to negate it is a great trust exercisable, not casually but judicially,” the court also observed in the judgement.
The SC said, “Arrest may become an inevitable part of the process of investigation. However, it is also to be borne in mind that protection of personal liberty stands expanded to make the right to life or personal liberty save in accordance with law under Article 32 of the Constitution.”
The Appellate Division of the Supreme Court (SC) provides 16 point guidelines for grant or refusal of anticipatory bail in a judgement.
In the guidelines the SC said, “In the cases involve grave offence like murder, dacoity, robbery, rape etc where it is necessary to arrest the accused and bring his movements under restraint to infuse confidence among the terror-stricken victims the accused should never be enlarged on anticipatory bail. Such discretion should be exercised with care and circumspection depending upon the facts and circumstances justifying its exercise.”
“The anticipatory bail granted by the court should ordinary be continued not more than
eight weeks and shall not continue after submission of charge sheet, and the same must be in connection with non-bailable offence,” the guidelines also said.
A seven-member bench of the Appellate Division headed by the Chief Justice Syed Mahmud Hossain delivered the judgement after hearing some leave to appeal petitions filed by BNP Secretary General Mirza Fakhrul Islam Alamgir and others.
The short judgement was delivered on April 18, 2019, but the full text of the judgement published on Thursday.
In the observations the SC said, it is expected that every arrest must be in accordance
with the procedure establish by law.
“Personal liberty deprived when bail is refused, is too precious a value of our constitutional system recognized under Article 32 that the crucial power to negate it is a great trust exercisable, not casually but judicially,” the court also observed in the judgement.
The SC said, “Arrest may become an inevitable part of the process of investigation. However, it is also to be borne in mind that protection of personal liberty stands expanded to make the right to life or personal liberty save in accordance with law under Article 32 of the Constitution.”
