In Bangladesh, the power of the High Court Division of the Supreme Court of Bangladesh regarding criminal bail is derived from the country’s constitution and various laws. The High Court Division has the authority to grant or refuse bail to individuals accused or convicted of criminal offenses.
Under the Code of Criminal Procedure (CrPC) in Bangladesh, the High Court Division has the power to grant bail in cases where the lower courts have denied bail or in cases where the accused is unable to apply for bail before the lower courts. The High Court Division can also revoke or modify bail granted by the lower courts.
The power of the High Court Division to grant bail is based on the principles of justice, fairness, and protecting the rights of the accused. The court considers various factors when deciding whether to grant bail, including the nature of the offense, the likelihood of the accused absconding, interfering with witnesses, tampering with evidence, or committing further offenses.
The High Court Division also has the power to impose conditions while granting bail to ensure the accused’s appearance in court and to prevent any potential harm or interference in the investigation. These conditions may include surrendering the passport, regular reporting to the police, providing sureties or bail bonds, or any other conditions deemed necessary by the court.
It’s important to note that the power of the High Court Division regarding criminal bail is subject to the provisions of the law and the facts of each individual case. The court exercises its discretion while considering the circumstances and merits of each case to ensure a fair and just outcome.