Section 19 of the act says only tribunals, set up to deal with such cases, have the authority to grant bail to the accused.

Jahangir Alam, magistrate of the Chief Metropolitan Magistrate's (CMM) Court, ignoring the provision, allowed bails on Monday to Dr Nagma Hareem Afrik, Giasuddin, Kamrunnahar alias Munni and Jamuna Rani alias Setu, who were arrested on December 3 for their suspected roles in the rape and killing of Anwara, a maid.

Dhaka Metropolitan Public Prosecutor Abdullah Mahmud Hassan says, "The act does not allow any magistrate to grant bail to such accused." A senior lawyer, Mahbub Ahmed, echoed his voice.

Lawyers for the accused filed a writ petition for bail with the High Court (HC) on December 15 that said in its order the petitioners 'may ... move the appropriate criminal court for bail' and directed the magistrate to dispose of the petition in line with the law.

The law says a magistrate can pass only a lawful order without granting bail, another legal expert explained.

After the HC order, the lawyers for the four submitted a bail petition on December 20 to the CMM's court, which was opposed by the prosecution, and the magistrate -- hearing both sides -- granted the accused an ad-interim bail on a bond of Tk 10,000 with two guarantors each.

Anwara bled to death in a clinic during abortion of her baby she had with Zakir in Hajipara, who is accused of luring her into a marriage trap.

The victim's mother Jolekha Begum filed a case with Ramna Police Station against seven people, including Zakir, Giasuddin, director of the clinic, Dr Nagma, a gynaecologist, Munni, a nurse, and Setu, an assistant to the physician.

Magistrate Jahangir said the four granted bail cannot be accused of rape -- the charge that involves only Zakir.

"Moreover, the High Court has given me the authority to dispose of the bail petition," Jahangir told The Daily Star by phone last night.

But a senior advocate said all should have been treated as the accused in the case until submission of police report.