Anticipatory bail is a special type of bail. Certain factors are considered while granting anticipatory bail. It is granted by the High Court Division in Bangladesh. Therefore, all the steps for filing are sensitive. These need to be done with proper knowledge and care. Moreover, the process of filing for anticipatory bail may seem complicated to you.
We, Legal Advice BD are here to let you know, how to file for anticipatory bail in Bangladesh! So keep reading!
What is Anticipatory Bail and Its Purpose?
Anticipatory Bail is typically called ‘Pre-arrest Bail’. It is granted to an accused in criminal cases by the High Court Division. In Bangla, it is called “Agham Jamin.’’ In anticipation of arrest, this bail is granted.
Anticipatory bail is granted based on the condition of your case. The primary purpose of such a bill is to address abuse of power and the possibility of unwarranted arrest from an accuser who is trying to arrest someone for an offence that is not true. This is done to ensure that people are not deprived of their liberty unless it is necessary under the law.
Anticipatory bail is a legal provision. The applicant has to present convincing reasons for seeking anticipatory bail. It could include the potential for wrongful detention or harassment. This bail is meant to prevent the accused from being harassed by the police. It is generally granted for a short period.
Typically, anticipatory bail lasts up to 8 weeks or after the submission of the charge sheet. The accused must surrender to the relevant subordinate court within the bail period. Afterwards, regular bail has to be obtained.
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What Factors Are Considered While Issuing Anticipatory Bail?
The court usually evaluates several factors before granting anticipatory bail. It includes the severity of the crime committed by the accused, their position, character, behaviour, probability of escaping, and other factors. Additionally, if the charge sheet for the case has already been handed in by police, the accused will not be issued anticipatory bail for the second time.
Eligibility Criteria for Anticipatory Bail
- The applicant has to establish that they will not interfere with the evidence in any way but rather assist in the investigation.
- The applicant must show that the investigation does not require their arrest.
- The applicant needs to show the court that they will not escape the legal system.
What Documents Must Be Submitted to Apply for Anticipatory Bail in Bangladesh?
It is required to retain a copy of the First Information Report (FIR) if the case is filed at the police station. Again, a copy of the Complaint Petition should be presented with the application for anticipatory bail if it is filed in court. If there are other documents related to the case, those should be handed over to the advocate.
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How to File for Anticipatory Bail in Bangladesh?
Under the CRPC, applying for anticipatory bail comprises the following steps:
- Depending on the gravity of the offence, the applicant must appear before the High Court or the hearings of the court.
- An affidavit stating the grounds for the applicant’s request for anticipatory bail must be presented.
- Furthermore, until the final hearing, the court may issue interim bail.
To learn more about handling legal cases effectively, you can find out more about the top 10 mistakes to avoid for a successful bail hearing in Bangladesh.
Stages of Anticipatory Bail Granting
The accused has to initially seek lawyers to represent them. A petition will be prepared by the appointed lawyer and presented to the court for approval.
To grant bail under section 496, the GRO has to set up the necessary document and report it to the respective judicial magistrate court.
The rightful lawyer will then appear before the high court to hear the petition in favour of the accused. The lawyer needs to present the bail bond once the court accepts the bail. The law enforcement must release the accused after the magistrate issues the bail bond.
If the accused does not show up for the scheduled court appearance on the designated date, the court will revoke his bail. Section 498 of the CRPC allows the accused to appear before the high court if the lower court does not entertain bail. Ad-interim or interim bail is not specifically covered by the law, but the court has the inherent authority to give it.
However, the High Court Division or the Court of Session may revoke bail by section 497 of the CRPC. Furthermore, the accused may be arrested and placed under custody by any other court that grants them bail. A trial in the Session Court must be finished in 360 days. Furthermore, a trial in the Magistrate Court must be finished in 180 days.
Top Reasons Why Anticipatory Bail Can Be Rejected
A request for anticipatory bail may be turned down for the following reasons:
- The applicant can attempt to influence witnesses or falsify evidence.
- The applicant is probably going to run away and not be prosecuted.
- If the court believes that the accused is going to cause problems in the investigation.
As noted in the CRPC, anticipatory bail may not be granted in cases of violent crimes such as rape or murder or where there is a prior conviction. This is because these are horrible crimes, and if people out on bail escape, they will tamper with witnesses.
Furthermore, the court may take into account the seriousness and nature of the crime committed, the possibility of the accused absconding, and the possible risk posed to society if the accused is released on bail. If the accused is found to be a threat in terms of probability of escape or destruction of evidence, the wider principles of justice including the investigation may also permit the refusal of anticipatory bail.
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Conclusion
In simple terms, to file for anticipatory bail in Bangladesh, you need to submit a request to the High Court if you fear arrest. Legal Advice BD can guide you in explaining why you should be granted bail. The court will decide based on your reasons and evidence if the bail should be allowed.
Hopefully, the process of how to file for anticipatory bail in Bangladesh has become simple!