Act/Law wise: Judgment of Supreme Court of Bangladesh (AD)
Mobile Court Ain, 2009 | |||
---|---|---|---|
Section/Order/ Article/Rule/ Regulation | Head Note | Parties Name | Reference/Citation |
13(3)a |
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.
|
Ashraful Islam Imran =VS= The State | 9 LM (AD) 360 |
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.
|
Ashraful Islam Imran =VS= The State | 9 LM (AD) 360 |
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.
|
Ashraful Islam Imran =VS= The State | 9 LM (AD) 360 |