The court also asked the registrar general of the Supreme Court to issue a General Circular to all the judges or magistrates exercising criminal jurisdiction in this regard
The High Court has released a full text verdict of its four point directive to the lower courts regarding granting of bail and rejection of granted bail.
The five-page verdict was published on the Supreme Court website on August 10.
The court also asked the registrar general of the Supreme Court to issue a General Circular containing the four directives to all the judges or magistrates exercising criminal jurisdiction.
The first point of the directive is: “The court shall not cancel the bail of an accused which was granted by the High Court Division without any allegation of proven misuse of the privilege of bail by the accused.”
The second point is: “When an accused is enjoying the privilege of ad-interim bail granted by the High Court Division for a limited period in a pending rule under section 498 of the code of criminal procedure (CrPC) or in an appeal under special laws and he/she is regularly appearing before the Court below, his/her bail shall not be cancelled and the person cannot be taken into jail custody by the Court below only on the ground that he/she could not submit bail extension order from the High Court Division.”
The third point is: “In the event of unavailability of such extension order, the courts must wait for the result of the rule or the appeal, as the case may be, in which the accused was granted ad-interim bail.”
The fourth and final point is: “Judges of the courts below shall not cancel bail of an accused granted by the High Court Division in pending rule or appeal until and unless the rule is discharged or the appeal is dismissed or in any way if the accused violates any condition of a bail, if any, imposed by the High Court Division at the time of granting bail.”
The High Court issued the four directives following a verdict on a case in Chittagong.
The bench of Justice Md Habibul Gani and Justice Md Badruzzaman directed the order on October 23 last year after hearing an appeal against a lower court order filed by an accused.
Advocate Hasibur Rahman stood for the appellant while Assistant Attorney General Mozibur Rahman represented the state.
According to the verdict, on May 16, 2018, Chandgaon police station in Chittagong arrested Md Ibrahim on charges of violating the modesty of an eight year old boy. Later on September 9 of the same year, the accused obtained six months interim bail from the High Court.
On June 19 last year, the accused voluntarily surrendered before the Chittagong Women and Children repression prevention Tribunal-5 and sought bail. But the Tribunal refused to accept his surrender, cancelled his bail and took him into jail custody.
Later the accused filed an appeal challenging the legality of the tribunal's order. After hearing the appeal the court issued a summon to the concerned tribunal judge to know his explanation with respect to his order of cancellation of bail which was granted by the High Court Division while there was no allegation of misuse of the privilege of bail against the accused.
After receiving the summon order the Judge of the Tribunal appeared before the court and submitted his written explanation. The judge also sought unconditional apology.