TITLE:
The Right of Getting Bail of an Arrested Person in Bangladesh—A Legal Study of Theories and Practice
AUTHORS:
Shahidul Islam, Golam Moula
KEYWORDS:
Bail; Bailable Offence; Non-Balable Offence; Right of Accused; Release; Bond; Surety; Arrest; Anticipatory Bail; Criminal Justice
JOURNAL NAME:
Beijing Law Review,
Vol.5 No.1,
March
21,
2014
ABSTRACT: 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.