all know that each and every offence is punishable under the laws of
Bangladesh. However, the Code of Criminal Procedure 1898 has divided these
offences into two categories; they are Bailable and Non-Bailable offence. Column
5 of the First Schedule of the Criminal Procedure Code says and categorizes
offence” means an offence which is shown as bailable in the First Schedule or
which is made bailable by any other law for the time being in force; and “Non-Bailable”
offence means any other offence.
to Part II of the First Schedule, offences punishable with death or
imprisonment for life or imprisonment for three years and upward shall be
non-bailable and for life or imprisonment for three years and upward shall be
non-bailable and offences punishable with imprisonment for less than 3 years or
with fine only shall be bailable.
the word “Non-Bailable” people become worried thinking that for those offences
bail is not possible and in such cases the learned courts are not going to allow
497 of the CrPC enshrines provisions regarding when bail may be taken in case of non-bailable offence. This section says as
497.(1) When any person accused of any
non-bailable offence is arrested or detained without warrant by an officer in
charge of a police-station, or appears or is brought before a Court, he may be
released on bail, but he shall not be so released if there appear reasonable
grounds for believing that he has been guilty of an offence punishable with
death or transportation for life:
Provided that the Court may direct that
any person under the age of sixteen years or any woman or any sick or infirm
person accused of such an offence be released on bail.
(2) If it appears to such officer
or Court at any stage of the investigation, inquiry or trial, as the case may
be, that there are not reasonable grounds for believing that the accused has
committed a non-bailable offence, but that there are sufficient grounds for
further inquiry into his guilt, the accused shall, pending such inquiry, be
released on bail, or, at the discretion of such officer or Court, on the
execution by him of a bond without sureties for his appearance as hereinafter
(3) An officer or a Court releasing any
person on bail under sub-section (1) or sub-section (2) shall record in writing
his or its reasons for so doing.
(4) If, at any time after the
conclusion of the trial of a person accused of a non-bailable offence and before
judgment is delivered, the Court is of opinion that there are reasonable
grounds for believing that the accused is not guilty of any such offence, it
shall release the accused, if he is in custody on the execution by him of a
bond without sureties for his appearance to hear judgment delivered.
(5) The High Court Division or Court of
Session and, in the case of a person released by itself, any other Court may
cause any person who has been released under this section to be arrested and
may commit him to custody.
ON THE OTHER HAND, in case of “Bailable offences”, bail is granted almost as a right.
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