Santrash Birodhi Ain, 2009 (as amended in 2013)
Sections 6/8/9/10/13
Code of Criminal Procedure, 1898
Section 498
Bail–– It appears to us that the present case is not a case where discretion should have been exercised infavour of the accused-respondent because of the seriousness and gravity of the offence which is obviously connected with the safety and security of the State, as such we are not inclined to allow the bail of the accused-respondent Md. Mir Ibrahim @ Md. Ibrahim @ Md. Ibrahim Mir. The High Court Division without appreciating the facts and circumstances of the case as well as the security concern of the State granted bail to the accused-respondent which calls interference by this Division. .....Deputy Commissioner, Chattogram =VS= Md. Mir Ibrahim, (Criminal), 2023(1) [14 LM (AD) 314] ....View Full Judgment

There is nothing within the four corners of the police report or in the other of the court that this mandatory provisions have yet been complied with to proceed with the trial against the accused-petitioner on the basis of the police report available in the record. The State vs. Md. Shakhwat Hossain (Mohammad Anwarul Hague J) (Criminal) 11 ADC 869

Bail– Interfered by the Appellate Division– It reveals from the impugned judgment that the High Court Division in granting bail to the accused-respondent did not at all take notice of the above confessional statement made by him as well as the factum of recovery of incriminating materials from his exclusive possession. The impugned judgment appears to be mechanical one and thereby the High Court Division has committed serious error and illegality in granting bail to the accused-respondent at this stage. Thus, the judgment and order of the High Court Division is liable to be interfered. .....The State =VS= Mufti Ibrahim Khalil(Md.) , (Criminal), 2022(1) [12 LM (AD) 509] ....View Full Judgment

Court must not only view the rights of the accused but also the rights of the victims of the crime and the society at large while considering the prayers. An overgenerous infusion of constrains and conditions are not available in the guidelines indicated by this Division in aforementioned cases. The State vs. Mirza Abbas (Hasan Foez Siddique J) (Criminal) 11 ADC 822