Abstract

Anticipatory bail is an extraordinary remedy. In 1978, specific provision for anticipatory bail was introduced by inserting section 497A in the Code of Criminal Procedure which remained in force until its repeal in 1992. Now, there is no specific law for granting anticipatory bail. However, by way of judicial decisions, the jurisprudence for granting anticipatory bail is expanding. Recently, our Apex Court in the case of State vs. Professor Dr. Morshed Hasan Khan, reported in 71 DLR (AD) 364, considering all other previous cases, approved the jurisprudence that anticipatory bail can be granted under exceptional circumstances considering the facts of each case. Regarding period of anticipatory bail, our Apex Court held that it should be granted for a period of 8 (eight) weeks but it would not sustain after submission of charge sheet. It clearly indicates that there is an opportunity to grant anticipatory bail till submission of charge sheet in appropriate cases. In this paper, an attempt has been made to extensively discuss the legislative history and chronological development on the law of anticipatory bail in our jurisdiction.