The Nari-o-Shishu Nirjatan Daman Ain, 2000 (Act No. VIII of 2000); section 9 (1)

The Code of Criminal Procedure, 1898 (V of 1898), Section 498

Anticipatory Bail

Per A.T.M. Afzal: Generally speaking the main circumstance as would entitle an order for extraordinary remedy of pre-arrest bail is the perception of the Court upon the facts and materials disclosed by the petitioner before it that the criminal proceeding which is being or has been launched against him is being or has been taken with an ulterior motive, political or otherwise, for harassing the accused and not for securing justice, in a particular case. The only other case where the prayer may also be considered may occur if it is proved that on account of some local public commotion or other circumstances it is not possible for the petitioner to appear before the lower Court for seeking bail. The petitioner must, however, remain physically present in Court before his application for bail can be entertained. The Court, if it grants anticipatory bail, must expressly make it a condition that if the petitioner commits any breach of the terms of bail, the Court concerned will be at liberty to cancel his bail and take him into custody………………………….(21)

Per Latifur Rahman J (agreeing): Granting of anticipatory bail in an exceptional circumstance is a matter to be decided by the learned Judges on the facts of a particular case and it is really difficult to confine anticipatory bail within these three categories only. The special and exceptional circumstances are to be left to the discretion of the learned Judges…………(44)

Per Latifur Rahman J (agreeing):

Prayer for anticipatory bail may be made before the High Court Division or Court of Sessions at the option of the petitioner. ………………………(46)