Slow submission of probe reports allows accused to secure bail, court says

Highlights:

• Dhaka police delaying reports lets robbery suspects secure bail
• Court orders timely submissions; police cite workload, case complexity
• Required 60-day report deadline routinely ignored by investigators
• Delays keep accused jailed months, enabling eventual bail approval
• Robbery incidents spiked post-uprising; hundreds arrested in joint operations
• Many granted bail were named directly in robbery FIRs

The Chief Metropolitan Magistrate (CMM) Court has observed that accused in robbery cases are securing bail because police stations in Dhaka are failing to submit investigation reports on time.

Additional CMM Md Zakir Hossain recently directed the officers-in-charge (OCs) of Motijheel, Paltan, and Shahjahanpur police stations to submit reports without delay.

However, police officials have rejected the court's observation, saying investigations are time-consuming due to the complexity of cases and the pressure of routine duties.

The order stated that in most robbery cases filed under Sections 392, 393, and 394 of the Penal Code, reports are not being submitted even after three to six months.

The judge noted that where accused are caught red-handed, evidence is recovered, and no one is absconding, reports could be submitted within 15 days.

Instead, police often take three to five months or longer.

The court further observed that even when written instructions are issued, the concerned police stations frequently fail to comply.

Section 173B of the Code of Criminal Procedure, 1898, requires a report within 60 working days, but this is not being followed.

The judge remarked that during bail hearings it is often found that accused have remained in custody for five to seven months without any report or explanation submitted by investigating officers.

Such delays, he said, are enabling accused to obtain bail and prolonging both trial and resolution of cases.

Infograph: TBS

Police response

Speaking anonymously, several officials of the Dhaka Metropolitan Police (DMP) said delays are unavoidable.

They explained that the accused often provide fake names and addresses, requiring verification through police stations in other districts, which takes time.

A sub-inspector told TBS, "I am investigating at least four cases, including some from the anti-discrimination movement involving several hundred accused. Robbery investigations are being delayed because we are forced to prioritise other cases."

Noting to ongoing reforms in the police force and transfers following the mass uprising of last year, an OC of a DMP police station said, "Many officers are new to Dhaka, and we are burdened with multiple cases alongside our routine duties. Even if we want to, it is not possible to submit reports quickly."

Robbery incidents and arrests

Following the July mass uprising, robbery incidents in Dhaka increased sharply amid a breakdown in policing, with reports of killings by robbers in several areas.

In response, residents in many neighbourhoods organised night patrols. 

Once police activities resumed, joint operations were carried out with the armed forces, leading to numerous arrests.

According to DMP Headquarters and court records, 245 robbery cases were filed across 50 police stations in May, June, and July.

In these cases, 833 accused were arrested. During the same period, 1,108 people arrested in extortion cases secured bail — 425 in May, 305 in June, and 378 in July.

Accused named in FIRs also granted bail

Robbery cases are prosecuted as either 'robbery' or 'dacoity', depending on the number of accused. If the number of accused is under four, it is considered robbery, and if it is more than that, it is considered dacoity.

Police sources said a significant number of those granted bail in robbery cases in recent months were accused specifically named in the FIRs.

In July alone, of the 378 people who received bail, 148 were named in the FIRs, 198 were arrested as suspects, one was identified during investigation, while information on 31 was unavailable.

Data from previous months shows similar patterns. In May, of the 425 accused who secured bail, 131 were named in the FIRs, 215 were suspects, 16 were identified during investigation, and details of 63 were missing. In June, of the 305 who secured bail, 150 were named in the FIRs.

Transparency International Bangladesh (TIB) Executive Editor Iftekhar Alam told TBS, "After the July uprising, police morale has gone down significantly. The police must be restructured. In addition to enhancing capacity, manpower must be increased so that justice is not delayed due to investigation."