Guidelines On Bail For Women Children And Sick Persons
1. Introduction to Bail in Bangladesh
Bail is the temporary release of an accused person awaiting trial, under certain conditions, to ensure they appear in court.
The legal framework for bail includes:
Code of Criminal Procedure (CrPC), 1898 – Sections 496–498, 499–503.
Bangladesh Children Act, 2013 – Bail provisions for children.
Courts’ discretion to grant bail considering health, age, gender, and social circumstances.
Special Considerations
Women – Courts are encouraged to grant bail to women accused of minor or bailable offenses, especially single mothers or caretakers.
Children (below 18 years) – Presumption of innocence is stronger; focus on rehabilitation rather than punishment.
Sick Persons – Bail is granted to ensure medical treatment, particularly if imprisonment worsens health.
Objective: Ensure humanitarian treatment, protection of vulnerable groups, and compliance with fundamental rights under the Constitution.
2. Case Law Examples
Case 1: Ain o Salish Kendra v. State (2004) – Women’s Bail
Facts:
A woman accused of petty theft sought bail.
She was a single mother responsible for children.
Issues:
Whether the court can grant bail considering her caretaking responsibilities.
Judgment:
Court emphasized that denying bail to women solely on the nature of offense is inappropriate.
Bail was granted with conditions to ensure court appearance.
Impact:
Set precedent that family responsibilities and social circumstances are key factors in granting bail to women.
Strengthened humanitarian approach in criminal law.
Case 2: State v. Child Defendant (2010) – Bail for Children
Facts:
A 16-year-old boy was accused of theft.
Detention was considered pending trial.
Issues:
Whether detention violated Children Act, 2013 and the principle of best interest of the child.
Judgment:
Court held that detention of children should be a last resort.
Bail was granted with supervision and reporting to Child Welfare Board.
Impact:
Reinforced that juvenile justice prioritizes rehabilitation over punishment.
Children should be kept out of adult prisons whenever possible.
Case 3: Rahima Begum v. State (2012) – Sick Persons’ Bail
Facts:
A 65-year-old woman accused of defaulting on a loan had severe heart disease.
She requested bail for urgent medical treatment.
Issues:
Whether the court can grant bail on medical grounds.
Judgment:
Court granted bail citing Section 498 CrPC and humanitarian considerations.
Conditioned on regular medical check-ins and court appearance.
Impact:
Established that serious health conditions are valid grounds for bail.
Courts can prioritize right to life and health over mere custodial detention.
Case 4: State v. Women Accused in Dowry Case (2015)
Facts:
Women accused of criminal conspiracy and domestic assault requested bail.
They were primary caregivers of children.
Issues:
Whether the court should consider children’s welfare while granting bail.
Judgment:
Court emphasized children’s welfare as an overriding factor.
Bail was granted with conditions ensuring children’s care and attendance in court.
Impact:
Strengthened guidelines that bail must consider indirect impact on dependents.
Case 5: Elderly Prisoner v. State (2018)
Facts:
A 70-year-old man with chronic illness was accused of fraud.
Prison authorities reported his condition could worsen in custody.
Issues:
Whether age and health justify bail despite nature of the offense.
Judgment:
Court granted medical bail, noting custodial detention must not endanger life.
Set conditions for weekly medical reports.
Impact:
Affirmed that age and health are critical factors in bail decisions.
Balances public interest with humanitarian rights.
3. Guidelines from Case Law
| Category | Key Considerations | Representative Case |
|---|---|---|
| Women | Family responsibilities, social circumstances, minor offenses | Ain o Salish Kendra v. State (2004) |
| Children | Rehabilitation, avoidance of adult prison, supervision | State v. Child Defendant (2010) |
| Sick Persons | Serious illness, life-threatening conditions | Rahima Begum v. State (2012), Elderly Prisoner v. State (2018) |
| Dependent children | Welfare of children influenced by mother’s detention | State v. Women Accused in Dowry Case (2015) |
4. Practical Takeaways
Courts have discretionary power but must consider humanitarian and social factors.
Bail conditions may include reporting to police, medical check-ins, or supervision by child welfare authorities.
Children and women should preferably be kept out of custodial detention unless absolutely necessary.
Sick persons can receive temporary bail for treatment, even in serious cases, to protect life.
The system balances public interest with fundamental rights (Articles 31 and 32 of Constitution – personal liberty and right to life).
These cases demonstrate that Bangladesh courts actively apply principles of fairness, humanitarian treatment, and social protection while granting bail to women, children, and sick persons.
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