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Research Monograph

On
Bail Provision in non-bailable offence Under the
Code of Criminal Procedure

Submitted To:
Md. Mashiur Rahman Shaon
Lecturer
Department of Law
Dhaka International University

Submitted By
Md. Sariful Islam
Roll No: 53
Reg. No: LL.M1-37-16-105638
LL.M (1 Year)
Batch-37th
Session: 2017-18
Department of Law
Dhaka International University

Date of Submission: 6th July, 2018


Letter of Transmittal

Date: 6th July, 2018

To
Md. Mashiur Rahman Shaon
Lecturer
Department of Law
Dhaka International University

Subject: Submission of Research Monograph.


Dear Sir,
It is a great pleasure to submit my thesis on “Bail Provision in non-bailable offence
Under the Code of Criminal Procedure”. I have given best efforts to finish the research
with relevant information that I have collected from various sources. I have concentrated
my efforts to achieve the objectives of the work and hope that my endeavor will serve the
purpose.

I shall be grateful and obliged if you kindly accept my thesis and evaluate it.

Sincerely yours,

Md. Sariful Islam


Roll No: 53
Reg. No: LL.M1-37-16-105638
LL.M (1 Year)
Batch-37th
Session: 2017-18
Student’s Declaration

I hereby do solemnly declear that the work presented in this thesis has been carried out by
me and has not been previously submitted to any other institution. The work I have
presented does not breach any copyright.

I further undertake to indemnify the university against any loss or damage arrising from
breach of the forgoing obligations.

Md. Sariful Islam


Roll No: 53
Reg. No: LL.M1-37-16-105638
LL.M (1 Year)
Batch-37th
Session: 2017-18
Certificate

This is to certify that the Research Monograph “Bail Provision in non-bailable offence
Under the Code of Criminal Procedure” is done by Md. Sariful Islam, Roll No: 53,
Reg. No: LL.M1-37-16-105638, LL.M (1 Year), Batch-37th, Session: 2017-18 from
Dhaka International University. The Research monograph has been carried out under my
guidance and is a record of the bonafied work carried out successfully.

I wish him every success in life.

..................................
Md. Mashiur Rahman Shaon
Lecturer
Department of Law
Dhaka International University
Acknowledgements

At first, I would like to thank Almighty Allah for his kindness on me in accomplishing the
report. I would like to express my deep sense of gratitude to my honorable and
distinguished supervisor Md. Mashiur Rahman Shaon, Lecturer, Department of Law,
Dhaka International University for his individual suggestions, valuable time, important
information and guidance during the study period that has greatly inspired me in
preparing this report successfully.

It could not possible to think all those people who have contributed for the preparation of
this report. Of course there are some very special names that cannot be forgotten. I am
also grateful to the Department of Law, Dhaka International University for providing me
such an opportunity to come closer to real situation.

Finally, I want to express my deep gratitude to my family members and all well wishers
whose enormous helps assisted me to complete this research. .

Md. Sariful Islam


Roll No: 53
Reg. No: LL.M1-37-16-105638
LL.M (1 Year)
Batch-37th
Session: 2017-18
Abstract

Bail is right of the party. Anyone want a bail who is arrested living in jail means they
wants a bail at any time. To set free, or deliver from arrest, or out of custody, on the
undertaking of some other person or persons that he or they will be responsible for the
appearance, at a certain day and place, of the person bailed. The person or persons who
procure the release of a prisoner from the custody of the officer, or from imprisonment,
by becoming surely for his appearance in court. The security given for the appearance of
a prisoner in order to obtain his release from custody of the officer; as, the man is out on
bail; to go bail for any one. The legal system that allows an accused person to be
temporarily released from custody (usually on condition that a sum of money guarantees
their appearance at trial); “he is out on bail”. Money that agrees to pay if a person accused
of a crime does not appear at their trail. When bail has been arranged, the accused person
is allowed to go free until the trail.
Table Contents

Name of Topic Page No:


Chapter – I Introductory Chapter 01-02
1.1 Introduction 01-02
1.2 Objectives 02
1.3 Methodology of the Study 02
Chapter – II Types of Definition 03-08
2.1 Definition of Bail 03
2.2 Interim Bail 03
2.3 Anticipatory Bail 03-05
2.4 Misuse of Bail 06
2.5 Bail Bond 06-08
Chapter – III Bail proceeding and the misuse of the power of granting 09-16
bail
3.1 Forms of Bail: 09
3.2 Bail Proceedings: Background 10-11
3.3 Important Provision relating to Bail: 11-14
3.4 Why Bail Refused: 14-15
3.5 When does Court Refuse Bail? 15-16
3.6 Misuse of the power of granting bail: 16
Chapter – IV Section of bail 17-21
4.1 Section Relating to Bail: 17-18
4.2 Application of These Sections: 18-19
4.3 Woman accused 19
4.4 Age of accused 19-20
4.5. Bail on ground of sickness 20-21
4.6 Sick and infirm 21
Chapter – V Principles of bail 22-26
5.1 Bail on Humanitarian Ground 22
5.2 Principles for Granting of pre-arrest Bail 22-23
5.3. Guiding Principles in bail matters 23-26
Chapter VI-Condition of Bail 27-29
6.1 Condition: 27
6.2 Bailable offence: 27-28
6.3 Non- bailable offence: 28
6.4 Condition of bail: 29
6.5 Recording of reasons: 29
Chapter- VII Anticipatory Bail or Bail before Arrest 30-33
7.1 Meaning: 30
7.2 Main conditions: 31-33
Chapter VIII- Bail on special Laws 34-35
8.1 Special law proving for bail: 34-35
Chapter IX- Drafting Different Bail Petition 36-37
9.1 Bail Petition: 36-37
Chapter – X- Summary of Findings, conclusion and Recommendation 38-40
10. 1 Findings: 38
10.2 Conclusion: 38-39
10.3 Recommendations: 39
BIBLIOGRAPHY : 40