HC issues 4 directives for lower courts on cancellation of bail order

The High Court has issued four directives for the lower courts concerned over cancellation of the bail granted by it to the accused and ordered the Supreme Court registrar general to issue a circular to this effect.

"The courts below shall not cancel the bail of an accused granted by the High Court Division without any allegation of proven misuse of the privilege of bail by the accused," the HC said in a full text of its judgement which was released recently.

The HC bench of Justice Md Habibul Gani and Justice Md Badruzzaman had delivered the verdict on October 23 last year on an appeal filed challenging a lower court order that cancelled the HC bail of an accused.

Md Ibrahim, an accused of a case filed with Chandgaon Police Station in Chattogram, had filed the appeal with the HC challenging the order of Nari O Shishu Nirjaton Daman Tribunal-5 of Chattogram that cancelled his bail in the case.

On September 7, 2018, the HC had granted ad-interim bail to Ibrahim for six months and issued a rule asking the authorities concerned to explain why he should not be granted permanent bail in the case.

But, the Nari O Shishu Nirjaton Daman Tribunal-5 of Chattogram on June 6, 2019, cancelled the HC bail and sent Ibrahim to jail custody in the case although the HC rule was pending.

Then, Ibrahim filed the appeal with the HC challenging the tribunal order cancelling his bail.

In the full text of verdict, the HC said, "When an accused is enjoying the privilege of ad-interim bail granted by the High Court Division for a limited period in a pending rule under Section 498 of CrPC or in an appeal under special law and he or she is regularly appearing before the court below, his or her bail shall not be cancelled and he or she cannot be taken into jail custody by the court below only on the ground that he or she could not submit bail extension order from the High Court Division."

"In the event of unavailability of such extension order, the courts below must wait for the result of the rule or the appeal, as the case may be in which the accused was granted ad-interim bail," the HC bench said in the full text of verdict.

In the full text of verdict, the HC also said, "The learned judges of the courts below shall not cancel bail of an accused granted by the High Court Division in pending rule or appeal until or unless the rule is discharged or the appeal is dismissed or in any way the accused violates any condition of bail, if any, imposed by the High Court Division at the time of granting bail."