Bail matter–
There is no doubt that the power to grant bail under section 498 of the Code is given both to the High Court Division as well as the Court of Sessions. The decision reported in 10 DLR cited above has been brought to our notice, where it was held that a revision application direct to the High Court Division is not ordinarily entertainable. A different view appears in the case reported in 24 BLD. However, in the instant case, this issue of the maintainability has not been finally adjudicated by the High Court Division.
Facts and circumstances, we are of the view that the ends of justice would be best served if the High Court Division is directed to adjudicate upon the issue of maintainability while disposing of the Rule issued in respect of the bail of the accused-respondent.
The order of stay granted by the learned Judge-in-Chamber shall continue till disposal of the Rule. ...State =VS= Begum Khaleda Zia, (Criminal), 2019 (1) [6 LM (AD) 88] ....View Full Judgment

Bail– Modified judgment of the High Court Division granting bail–
Direct the Jailors, Dhaka Central Jail and Kashempur Central Jail to allow the accused -respondents to hold meeting of the companies if necessary and to execute any document or documents, resolutions, deeds etc. as may be necessary for the purpose of selling 35 lac matured trees owned by Destiny Tree Plantation Limited. We also direct the Jail Authorities to allow Dr Md Shamsul Huq Bhuiyan, MP Chandpur-4 Constituency to meet the accused in Jail as and when necessary for consultation and obtaining necessary Signatures and instructions from them for the purpose of selling the trees. We also direct the Jail Authority to allow all sort of co-operation as may be necessary for the purpose of completing the transaction for sale of the trees and receiving sale proceeds for onward transmission to the Chairman, Durnity Daman Commission for distribution to the affected persons on the basis of list to be submitted by Dr Md, Shamsul Huq Bhuiyan, MP. .....Durnity Daman Commission =VS= Mohammad Hossain, (Criminal), 2017 (2)– [3 LM (AD) 549] ....View Full Judgment

There is no doubt that the grant or denial of bail is entirely the discretion of the judge considering a case but even so, the exercise of judicial discretion has been circumscribed by a large number of decisions rendered by this Court and by every High Court in the country. Yet, occasionally there is a necessity to introspect whether denying bail to an accused person is the right thing to do on the facts and in the circumstances of a case. We are concerned, is that during the entire period of investigations which appear to have been spread over seven months, the appellant was not arrested by the investigating officer. Even when the appellant apprehended that he might be arrested after the charge sheet was filed against him, he was not arrested for a considerable period of time. When he approached the Allahabad High Court for quashing the FIR lodged against him, he was granted two months time to appear before the trial judge. All these facts are an indication that there was no apprehension that the appellant would abscond or would hamper the trial in any manner. That being the case, the trial judge, as well as the High Court ought to have judiciously exercised discretion and granted bail to the appellant. It is nobody’s case that the appellant is a shady character and there is nothing on record to indicate that the appellant had earlier been involved in any unacceptable activity, let alone any alleged illegal activity. The appellant is granted bail on conditions that may be reasonably fixed by the trial judge. .....Dataram Singh = VS= State of Uttar Pradesh, (Criminal), 2018 (1) [4 LM (SC) 110] ....View Full Judgment

Granting bail–
Section 426 of the Code of Criminal Procedure, was given by the High Court Division while granting bail to the said convict who was sentenced to 7 (seven) years imprisonment. Thus, when discretion is exercised judiciously, not perversely, the same generally is not interfered with by the Apex Court, which is reluctant in interfering with the discretionary power of the High Court Division. .....Durnity Daman Commission =VS= Begum Khaleda Zia, (Criminal), 2018 (2) [5 LM (AD) 207] ....View Full Judgment

A bail should not be withheld as a measure of punishment. On consideration of the age of the appellant and the health condition as available with the record, we are of the view that the appellant should get the privilege of bail as per proviso to sub section (1) of section 497 of the Code of Criminal Procedure.
We have given our anxious consideration to the facts and circumstances of the case. Since the case is under investigation, we are not inclined to make any observation touching on the merit of the case. .....Shafik Rahman =VS= State, (Criminal), 2016-[1 LM (AD) 490] ....View Full Judgment

On consideration of the F.I.R., 161 statements of the witnesses and also 164 statement of a co-accused, found that the FIR story that this accused-respondent Faridul Alam murdered the deceased has not been supported by the confessional statement of the co-accused wherein it was stated that another accused Raza Mia killed the deceased-granted bail to this accused-respondent. This accused-respondent has already been released from the jail custody and is on bail since few days after passing of the impugned judgment and order. .....The State =VS= Faridul Alam, (Criminal), 2018 (1) [4 LM (AD) 522] ....View Full Judgment

There are allegations against the accused respondents of misappropriation of huge amount of money. The accused respondents do not deny about the collection of such huge amount of money from the shareholders. Only dispute which has been found as per submissions of the learned counsel are that according to the prosecution, the accused persons have misappropriated the money without investing in the projects but according to the accused respondents the money has been utilized in different projects. Since the accused persons made positive statements that Destiny Group own 35,00,000 saleable trees planted on more than thousand acres of land, which may be sold at Taka 28,00,00,00,000 crore approximately, this court finds that if the proposal of the accused persons is accepted the public money will be secured. .....Durnity Daman Commission =VS= Mohammad Hossain, (Criminal), 2017 (2)– [3 LM (AD) 549] ....View Full Judgment

The prohibition under the law is that a person accused of any non-bailable offence shall not be released on bail if there is rea¬sonable ground for believing that he is guilty of an offence punishable with death or im-prisonment for life—Section 497(1), the Code of Criminal Procedure, 1898 (V of 1898). ….. (Shaikh Shahidul Islam Vs. The State 13 BLD (AD) 190)
Basic conception of the word ‘bail’ is release of a person from the custody of police and delivery in the hands of sureties, to undertake to produce him in court whenever required to do so. ….. (Crown Vs. Khushi Md. (1953) 5 DLR (FC) 143 (150))

Bail–
Petitioner Begum Khaleda Zia was convicted under section 5(2) of the Prevention of Corruption Act, 1947 by the learned Special Judge, Court No.5, Dhaka in Special Case No.18 of 2017 arising out of Tejgaon Police Station Case No.15 dated 8-8-2011. The trial Court sentenced her to suffer rigorous imprisonment for a period of 7 (seven) years and to pay fine of Taka 10,00,000 (ten lac), in default, to suffer simple imprisonment for a further period of 6 (six) months more. Against the said judgment and order of conviction and sentence, she preferred aforesaid criminal appeal in the High Court Division and, thereafter, filed an application for bail in that appeal. The High Court Division, by impugned order, rejected the said prayer for bail holding that taking into account the gravity of the offence allegedly committed by a person no less than the ex-Prime Minister of the Country, the trial Court has inflicted the highest sentence available to the relevant law.
That the petitioner prayed for bail in the High Court Division on the ground, inter alia, that she has been suffering from serious health complications but the High Court Division totally failed to consider the said ground though the same was specifically pointed out before the Court for consideration at the time of hearing the application for bail.
Bangabandhu Sheikh Mujib Medical University is a dependable medical institution of the country for providing proper treatment for a patient. The Medical Board did not suggest that it is necessary to send the petitioner abroad or any other specialized hospital in Bangladesh for her better treatment. Nowhere in the Criminal Petition for leave to appeal it has been stated that the petitioner has expressed her desire or eagerness to take better treatment abroad stating that the treatment provided by the BSMMU authority is not adequate and dependable. We do not find lacking sincerity of the doctors of the BSMMU to provide adequate treatment for the petitioner. It is the obligation of the BSMMU authority to provide appropriate treatment for the petitioner.
Considering the aforesaid facts and circumstances, the petition is dismissed with observation that if the petitioner gives necessary consent, the Board is directed to take steps for immediate advance treatment namely, biologic agent as per recommendation of the Board. ...Begum Khaleda Zia =VS= State, (Criminal), 2020 [9 LM (AD) 533] ....View Full Judgment

Bail–
In Prasanta Kumar Sarkar vs. Ashis Chatterjee and Another [3 (2010) 14 SCC 496], it was held that:
(i) Whether there was a prima facie or reasonable ground to believe that the accused had committed the offence;
(ii) nature and gravity of accusations;
(iii) severity of the punishment in the event of a conviction;
(iv) danger of the accused absconding or fleeing, if granted bail;
(v) character, behaviour, means, position and standing of the accused;
(vi) likelihood of repetition of the offence;
(vii) reasonable apprehension of the witnesses being influenced; and
(viii) danger of justice being thwarted by grant of bail.
There is no doubt that liberty is important, even that of a person charged with crime but it is important for the courts to recognise the potential threat to the life and liberty of victims/witnesses, if such accused is released on bail. Allow the appeal and set aside the order of the Allahabad High Court granting bail to the accused. ...Sudha Singh =VS= The State of Uttar Pradesh, (Criminal), 2021(1) [10 LM (SC) 23] ....View Full Judgment