Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Wednesday, April 26, 2017 07:48:04 PM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

The language of law is so clear

An accused person involved in a bailable offence shall be enlarged on bail

By
03rd-Sep-2016       Readers ( 352 )   0 Comments
Comments
Share your thought
Post a comment »
Read all (0) »

Appellate Division :
(Criminal)
Surendra Kumat Sinha CJ
Syed Mahmud Hossain J
Hasan Foez Siddique J
Mirza Hussain Haider J
Mohammad Bazlur
Rahman J
Order
March 14th, 2016
Mia Nuruddin (Apu) ............. Petitioner
vs
State and another........................Respondents
Code of Criminal Procedure (V of 1898)
Section 498
Penal Code (XLV of 1860)
Sections 161 and 165A
In respect of bailable offence, the Court cannot exercise any discretionary power not to enlarge an accused person on bail because the Code does not give the Court any discretionary power not to enlarge an accused person in respect of bailable offence on bail. The language of the law itself is so clear that in case an accused person who is alleged to have been involved in a bailable offence shall be enlarged on bail. This is a statutory right and the Court cannot curtail such right. True; the allegation is serious but it does not confer a Court the power to refuse the prayer for bail since the statute has given power upon the Court to exercise in favour of the accused person.
Khandaker Mahbub Hossain, Senior Advocate instructed by Zahirul Islam. Advocate-on-Record-For the Petitioner.
Khurshid Alam Khan, Advocate instructed by Madhumalati Chy Barua Advocate-on-Record-For the Respondent.
Mahmuda Begum, Advocate-on-Record-For the Respondent No.2.
Order
Surendra Kumar Sinha CJ : This petition is from a judgment of the High Court Division by which it has discharged the Rule and refused to enlarge the petitioner Mia Nuruddin (Apu) on bail pending trial.
2. Mr Khondaker Mahbub Hossain, learned Counsel appearing for the petitioner has taken us to the charge framing order of the petitioner.
He submits that the offence being bailable section, the High Court Division has committed fundamental error in refusing on charge on bail. We have perused the order of charge and noticed that the petitioner has been charged with for offences punishable under sections 161/165(A) of the Penal Code which are bailable offences. In respect of bailable offence, the Court cannot exercise any discretionary power not to enlarge an accused person on bail because the Code of Criminal Procedure does not give the Court any discretionary power not to enlarge an accused person in respect of bailable offence on bail. The language of the law itself is so clear that in case an accused person who is alleged to have been involved in a bailable offence shall be enlarged on bail. This is a statutory right and the Court cannot curtail such right.
3. Mr Khurshid Alam Khan, submits that the allegation against the petitioner is serious one and therefor, the High Court Division is justified in rejecting the prayer for bail. True, the allegation is serious but it does not confer a Court the power to refuse the' prayer for bail since the statute has given power upon the Court to exercise in favour of the accused person. The judgment of the High Court Division is set-aside. The petitioner Mia Nur Uddin (Apu) son of late Chan Miah Mridha, of village-Kotalpur, PS-Goshairhat, District Shariatpur, At present: Hawa Bhaban, Gulshan-2 be enlarged on bail to the satisfaction of the Special Judge, Court No.3, Dhaka pending trial of the case.
This petition is accordingly disposed of with the above observations and direction.

0 Comments. Share your thoughts also.
Write a comment
Tariff
Add Rate

News Archive

Inside The New Nation

Sports »

Colin Smith, FIFA`s Competitions Director (right) FIFA Secretary General Fatma Samoura (centre) and Vitaly Mutko, Russia's deputy prime minister in charge of sport, tourism and youth policies, attend a news conference after the Russia 2018 LOC Board meeting with FIFA participation in St.Petersburg, Russia on Tuesday.


.

Editorial »

Insufficient relief brings no hope to haor people


THE government relief operation in flood-hit haors where people have lost Boro crops in the field and livestock to become utterly helpless, seems to be quite inadequate and we believe it must be upward revised. Its relief scheme for 100 days to cover around 3.3 lakh poor families is quite ...

Entertainment »

Shahara not to be seen in movie


Entertainment Report  :Many days there is no news about once popular film actress Shahara. After getting marriage she has been engaged only with maintaining her family. For this reason, she is absent from any film related activity. But Shahara's fans still miss her. Her colleagues also miss her. Shahara also ...

City »

Parbatya Bangalee Chhatra Parishad (Dhaka Mahanagari) formed a human chain in front of the Jatiya Press Club on Tuesday demanding trial of killer(s) of Sadequl.


.

International »

North Korea stages large-scale artillery drill as US submarine docks in South


Reuters, Seoul :North Korea conducted a big live-fire exercise on Tuesday to mark the foundation of its military as a U.S. submarine docked in South Korea in a show of force amid growing concern over the North's nuclear and missile programs.The port call by the USS Michigan came as a ...

Editorial »

Big steps needed to end city water logging


AFTER torrential rain, most parts of metropolis Dhaka, Chittagong and other major cities are suffering from knee-deep water from early this week. Accompanied by story wind and smog city life has become unbearable at places in muddy streets along the dirty footpaths. Under-construction flyovers are blocking movement of traffic in ...

Cricket »

Kohli pain after Bangalore set new low in IPL


AFP, New Delhi :Skipper Virat Kohli said "it really hurts" after Royal Challengers Bangalore slumped to a record low score of 49 against Kolkata Knight Riders in the Indian Premier League.Chasing a modest 132, the Bangalore batsmen -- including Kohli, Chris Gayle and AB de Villiers -- crashed in just ...

City »

Member of the Executive Council of Dhaka Club Limited Abdus Selim handing over a cheque of Tk 24 lakh to BGMEA President Siddiqur Rahman for the assistance of Rana Plaza victims at a ceremony held in the city on Sunday.


.

Entertainment »

Purnima in three new plays


Entertainment Report :It is little bit late to come Eid but the directors have already started to make Eid telefilms and plays. Three directors are going to make three plays to cast National Film Award winner actress Purnima. These three directors are: Chayanika Chowdhury, Sraboni Ferdous and Rajibul Islam Rajib. ...

International »

Trump`s approval rating hits record low


AP, Washington Post :Six days before marking his first 100 days in office, President Trump has the lowest approval rating of any president in more than 70 years, a pair of polls published Sunday found.According to a new ABC News/Washington Post poll, just 42 percent of Americans approve of Trump's ...

Cricket »

Mustafizur returns home tomorrow


Sports Reporter :'Wonder Boy' Mustafizur Rahman will return home tomorrow from tomorrow. Mustafizur Rahman had a sorrow start in Indian Premier League (IPL) 2017. The 'Cutter Master' played for Sunrisers Hyderabad against Mumbai Indians in Mumbai in his first match on April 13. Mustafiz bowled 2.4 overs conceding 34 runs ...

Football »

Neymar ban dispute rages ahead of Clasico


Neymar looks set to travel with the Barcelona squad for Sunday's El Clasico against Real Madrid as the Catalans continue to fight his suspension for the potentially title-deciding clash.The Brazilian is in the midst of a three-game suspension for his red card and subsequent sarcastic applause of the officials in ...

Editorial »

Specter of war threatening world peace


North Korea has warned of preemptive strike against the South as the specter of war threatens the Korea peninsula.. Meanwhile, Talibans killed at least 140 Afghan soldiers on Friday in an ambush on the regime's forces in northern city of Mazar-i-Sharif. It is so far the deadliest attack on Afghan ...

Entertainment »

Will never do erotic genre like Hate Story 3 again: Daisy Shah


Actress Daisy Shah played a bold role in the 2015 erotic thriller "Hate Story 3". But she will never get into that genre again as she finds kissing a stranger very awkward.Asked what kind of characters she will never play on screen, she told IANS in an email interaction: "I ...

Entertainment »

I'm still an outsider in Hollywood: Chris Pratt


Chris Pratt is the main lead in two of the biggest Hollywood franchises - Jurassic World and Guardians of the Galaxy - and is one of its highest-earning stars, but the American actor still considers himself an outsider in Hollywood. The actor believes "Hollywood has a tendency to homogenise its ...

 
Items that you save may be read at any time on your computer, iPad, iPhone or Android devices.
 
Are you new to our website? Do you have already an account at our website?
Create An Account Log in here
Email this news to a friend or like someone
Email:
Write a comment to this news