Lower courts can’t cancel HC bail if rule or appeal pending

The High Court has issued four directives for the lower courts concerned over cancellation of the bail granted by this court to the accused and ordered the Supreme Court registrar general to issue a circular to this effect.
"The courts bellow shall not cancel the bail of an accused granted by the High Court Division without any allegation of proven misuse of the privilege of bail by the accused," the HC said in a full text of its judgement which was released recently.
The HC bench of Justice Md Habibul Gani and Justice Md Badruzzaman had delivered the verdict on October 23 last year on an appeal filed challenging a lower court order that cancelled the HC bail of an accused.
Md Ibrahim, an accused of a case filed with Chandgaon Police Station in Chattogram, has filed the appeal with the HC, challenging the order of Nari o Shishu Nirjatan Daman Tribunal-5 of Chattogram that cancelled his bail.
On September 7, 2018, the HC had granted ad-interim bail to Ibrahim for six months and issued a rule asking the authorities concerned to explain why he should not be granted permanent bail in the case.
But, the tribunal on June 6, 2019 cancelled the HC bail and sent Ibrahim to jail custody although the HC rule was pending.
Then, Ibrahim filed the appeal with the HC challenging the tribunal's bail cancellation order.
In the full text of verdict, the HC said," 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 CrPC or in an appeal under special law and he or she is regularly appearing before the court bellow, his or her bail shall not be cancelled and he or she cannot be taken into jail custody by the court bellow only on the ground that he or she could not submit bail extension order from the High Court Division."
"In the event of unavailability of such extension order, the courts bellow 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 HC bench said in the full text of verdict.
The verdict also said, "The learned judges of the courts below shall not cancel bail of an accused granted by the High Court Division in pending rule or appeal until or unless the rule is discharged or the appeal is dismissed or in any way the accused violates any condition of bail, if any, imposed by the High Court Division at the time of granting bail."
Comments