Anticipatory bail cannot be open-ended
Observes SC in full text of verdict
The Appellate Division of the Supreme Court in the full text of an order has observed that nobody can be granted anticipatory bail for an indefinite period.
"---The principle as enunciated in all the cases mentioned above is that the person/persons should not be allowed to remain on anticipatory bail for an indefinite period.
"Thus, the High Court Division failed to consider the principle as enunciated in the aforesaid decisions while enlarging the respondents on anticipatory bail till filing of the police report. Because sometime investigating agencies require more time to submit their report for the purpose of proper investigation. In the circumstances, the accused is not entitled to enjoy the privilege of anticipatory bail till filing of the police report," a three-member bench of the Appellate Division, headed by Chief Justice Obaidul Hassan, said in the full text of the order which was released recently.
The other judges of the bench are Justice M Enayetur Rahim and Justice Md Abu Zafor Siddique.
On March 6, the Appellate Division bench delivered the order following a leave to appeal petition filed by the state challenging a High Court order.
The HC on November 8 last year granted anticipatory bail to BNP leaders and SC lawyers Zainul Abedin and AM Mahbub Uddin Khokon till submission of the police report in a vandalism case filed with Ramna Police Station on October 29, their lawyer Md Sagir Hossain Leon told The Daily Star yesterday.
In the full text of the order, the apex court modified the HC order saying that the two accused will be on anticipatory bail for eight weeks.
"Considering the above, we are inclined to modify the order dated November 8 last year passed by the High Court Division. The respondents [Zainul and Khokon] shall remain on bail for a period of eight weeks from date; and, thereafter, they shall surrender before the court of chief metropolitan magistrate, Dhaka and in case of surrender the court below shall consider the prayer for bail, if any, considering that they did not misuse the privilege of bail," the SC judges said in the full text of the order.