Act/Law wise: Judgment of Supreme Court of Bangladesh

ALL A B C D E F G H I J K L M N O P Q R S T U V W X Y Z



Mobile Court Ain, 2009
Section/Order/Article/Rule/Regulation Head Note
Section 13(3)

Bail– The petitioner was sentenced to imprisonment for 6 months. Hence, the general law provides that the Court passing the sentence may grant bail if the convict expresses his intention to present an appeal. In this case the petitioner in fact filed the appeal and could have been granted bail. Moreover, it must be borne in mind that where the sentence is only for a short period, in this case six months’ simple imprisonment, not granting bail would frustrate the appeal and ultimate success, if any, would be meaningless. Hence, it is our view that ends of justice requires that when a person is convicted and sentenced to imprisonment for less than one year and he applies for bail before the Court convicting him stating that he intends to prefer appeal, or an appeal is admitted challenging the extent or legality of the sentence, bail ought to be granted.
It is ordered that the bail granted to the petitioner by the learned Judge-in-Chamber shall continue till disposal of the appeal now pending before the Additional District Magistrate, Dhaka. The Additional District Magistrate is hereby directed to conclude hearing of the appeal within two months from receipt of a copy of this judgement. ...Ashraful Islam Imran =VS= The State, (Criminal), 2020 [9 LM (AD) 360] ....View Full Judgment