The Right of Getting Bail of an Arrested Person in Bangladesh—A Legal Study of Theories and Practice

Abstract

The essential sense of the Bail in Bangladesh is to release a person from the custody of police and deliver him/her into the hands of the sureties who undertake to produce him in court whenever required to do so. The word Bail is derived from the old French verb “Bailer” which means to “give” or to “deliver” 1 (Webster’s Dictionary, 1938) . In common Law legal system, it is found that an accused person is to be declared on bail, when he is released from the custody of the officers of the Court. The sureties are bound to produce him to answer at a specified date, time and place, the accusation against him when bail is approved by the competent court. The basic principle regarding release on bail is that an accused person is presumed in law to be entitled to freedom and every opportunity to look after his case, provided his attendance is secured by proper security. However, the paper focuses the idea of releasing an accused on bail in such a case that has been developed as of right of an accused in our country. Therefore, this paper gives emphasis on bail of an accused on legal analysis on theoretical and practical approach and it recommends that the bail granting authority should maintain the principles of law as well as provisions of law properly for the protection rights of an accused.