PROVISIONS RELATING TO BAIL UNDER THE CODE OF CRIMINAL PROCEDURE IN BANGLADESH

Abstract

The term "bail" was originally taken from the French word "bailer," which means to provide or deliver. So, bail denotes to release of an accused person from police custody or imprisonment for a while in the hand of a surety and the responsibility of presenting the accused person before the Court whenever necessary has been assigned to the surety. Bail also gives a message to the bailed person that though he is not in judicial custody, he is under the Court's observation and has to remain sincere to the court proceeding till the judgement of the case is declared. Considering the facts and circumstances, the trial court or appellate Court decides on granting, cancelling or restoring bail. However, keeping in mind the very fundamental right of life and personal liberty ensured by the constitution of Bangladesh, our other statutory laws have made bail provisions to achieve two purposes. First, to secure the accused's presence before investigation agencies as well as the Court of law and second, to preserve his fundamental right to life and liberty. Thus bail keeps a balance between the two.