The Right of Getting Bail of an Arrested Person in Bangladesh—A Legal Study of Theories and Practice


The essential sense of the Bail in Bangladesh is to release a person from the custody of police and deliver him/her into the hands of the sureties who undertake to produce him in court whenever required to do so. The word Bail is derived from the old French verb “Bailer” which means to “give” or to “deliver”1 (Webster’s Dictionary, 1938). In common Law legal system, it is found that an accused person is to be declared on bail, when he is released from the custody of the officers of the Court. The sureties are bound to produce him to answer at a specified date, time and place, the accusation against him when bail is approved by the competent court. The basic principle regarding release on bail is that an accused person is presumed in law to be entitled to freedom and every opportunity to look after his case, provided his attendance is secured by proper security. However, the paper focuses the idea of releasing an accused on bail in such a case that has been developed as of right of an accused in our country. Therefore, this paper gives emphasis on bail of an accused on legal analysis on theoretical and practical approach and it recommends that the bail granting authority should maintain the principles of law as well as provisions of law properly for the protection rights of an accused.

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Islam, S. & Moula, G. (2014). The Right of Getting Bail of an Arrested Person in Bangladesh—A Legal Study of Theories and Practice. Beijing Law Review, 5, 34-48. doi: 10.4236/blr.2014.51004.

Conflicts of Interest

The authors declare no conflicts of interest.


[1] Anwar Hossain vs. The State of Orissa (Ori. 1995). Cr. LJ 863.
[2] Afsar Khan vs. The State (Kant. 1992). Cr. LJ 1976 at 1681 P. Cr. LJ 2597.
[3] Akkas, S. A. (2009). Law of Criminal Procedure (2nd ed., pp. 243-245). Dhaka: Ankur Prokashani.
[4] Abdul Malik v. The State, (1968). PLD SC 349.
[5] Abdul Kader Faruque alias Mohd. Farukue v. State, (1997). BLD148.
[6] Bryan, A. G. (2009). Black’s Law Dictionary (9th ed.). Eagan, MN: West Group.
[7] Haque, Md. Z. (2007). The Code of Criminal Procedure, 1898 (p. 229). Dhaka: Shams Publications.
[8] H. S. Manjunath vs. State (1995). Cr. LJ 179 (Kant) DB.
[9] Hossain, B., & Rahman, M. S. (2011). Law and Practice of Criminal Procedure (p. 737). Dhaka: Hira Publications.
[10] Huq, Z. (2010). Law and Practice of Criminal Procedure (12th ed., p. 866). Dhaka: Law Book Company.
[11] Khalid Saigol vs. State (1962). PLD SD 495.
[12] Kashi Nath Roy vs. State of Bihar, (1996) Cr. LJ (SC).
[13] Keshab Narayan vs. State (1985).AIR SC 166.
[14] Khairujjaman vs. State (1999). MLR 75.
[15] Lakhi Narayan vs. Crown (1952). 4 DLR 352.
[16] Muhammad Sadiq vs. Muhammad Arshad, (1997). P. Cr. LJ 866.
[17] Manzoor vs. Sate (1972). PLD SC 11.
[18] Maheram Ali vs. State (1643). 2 BLC 401.
[19] Mang Karai vs. State (1967). AIR Tri 32.
[20] Md. Rashid vs. The State (1997). P. Cr. LJ 1499.
[21] Muhammad Shafiq vs. Muhammad Arshad (1997). P. Cr. LJ 867.
[22] Nadir vs. State (1968). PLD SC 10.
[23] Random House Dictionary (College Edition), p. 134.
[24] Shah Alam Chowdhury vs. State (1990). 42 DLR (AD) 10.
[25] Sheikh Shahidul Islam vs. State, (1993). BLD (AD) 190.
[26] Sajjan Jumar vs. State (1991) Cr. LJ. 645 at 653 (Delhi).
[27] Promode Khare (1982). Cr. LR 344 (MP).
[28] State vs. Mahbub Ali (1957). AIR Bom, 548.
[29] Venakataramanappa vs. K.R.Subramany Setty (1991) (2) Crimes 648 (Kar).
[30] Webster’s New International Dictionary (2nd ed., p. 171). (1938).
[31] Younus Ali vs. Yousuf (1974). P. Cr. LJ Note 85 at p. 53.

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