Provision Relating to Bail in the Criminal Justice System in Bangladesh

Abstract

Bail is money or some form of assets that is deposited or guaranteed to a court, in order to secure the announcement from custody or jail of a suspect who has been arrested, with the understanding that the suspect will return for their trial and required court appearances. Bail is a mechanism to release suspects from imprisonment pre-trial, while ensuring their return for trial. If the suspect does not return to court, the bail is forfeited, and the suspect may possibly be brought up on charges of the crime of failure to appear. If the suspect returns to make all their required appearances, bail is returned after the trial is concluded. In some cases, bail money may be returned at the end of the trial, if all court appearances are made, regardless of whether the person is found guilty or not guilty of the crime accused. Generally, bail is some form of property deposited to a court to persuade it to release a suspect Criminal from jail, on the understanding that the suspect criminal will return for trial or forfeit the bail (and possibly be brought up on charges of the crime of failure to appear). In some cases bail money may be returned at the end of the trial, if all court appearances are made, regardless of whether the person is found guilty or not guilty of the crime accused. If a bondsman is used and a surety bond has been obtained, the fee for that bond is the fee for the insurance policy purchased and is not refundable. In some countries, granting bail is a common practice in the court. Even in such countries, however, bail may not be offered by some courts under some circumstances, for instance, if the accused is considered likely not to appear for trial regardless of bail. Legislatures may also set out certain crimes to be not bailable, such as capital crimes. In this sub-continent especially in Bangladesh, bail has been developed as of fundamental rights of an accused