SC stays HC order on bail cancellation by lower court

The Supreme Court stayed a High Court (HC) order that repealed the power of the lower courts to cancel bails issued by the HC, unless the bail privilege is misused.

An Appellate Division bench of four judges led by Chief Justice Syed Mahmud Hossain passed the order on Tuesday (5 January) in response to a state petition, reports Somoy TV.

Attorney General AM Amin Uddin represented the state during the hearing.

This stay will remain in force until the state appeal is disposed of. However, the bail of the accused has been upheld.

Earlier on 23 October, 2019, the High Court bench comprising Justice Md Habibul Gani and Justice Badruzzaman issued a four-point order on the bail of a man named Md Ibrahim, hailed from Chattogram.

The points include the following:

• If an accused is released on bail for a period of time, the lower court cannot cancel his bail order issued by the High Court without any specific charge of misuse.
• The lower court cannot cancel the bail of a person and send him back to jail for non-filing of the order of the High Court regarding bail issued for a specific period of time.
• Until the rule or appeal of the High Court on which one has been granted bail is disposed of, the bail order cannot be cancelled.
• The lower court cannot revoke bail unless the High Court rejects the rule or appeal. However, it can be canceled only if the condition of bail made by the High Court is violated.

The Registrar of the Supreme Court was directed to issue the order in the form of a notification.

According to the High Court, the tendency to send an accused to jail by cancelling his bail, despite appearing regularly before the concerned court (lower court), is increasing. The bail is being cancelled due to non-submission of a copy of the High Court order to extend the bail period even if the bail was not misused. As a result of such practice the High Court and the litigants are suffering both financially and physically.