Hearing on bail petitions of different cases filed under the Penal Code started in Dhaka courts after 16 days yesterday following the third amendment to the Emergency Power Rules 2007 on Sunday.
On the first day, over 150 people arrested in cases filed with different police stations were granted bail.
The District and Sessions Judge’s Court and Chief Metropolitan Magistrate’s Court of Dhaka yesterday took up the bail petitions for hearing and granted bail to a number of arrestees who had cases filed against them under the Penal Code.
Dhaka Metropolitan Sessions Judge’s Court and District Magistrate’s Court did not take the bail petitions for hearing, as they were yet to get the gazette notifications regarding bail hearings.
On April 8, the caretaker government brought an amendment to the Emergency Powers Rules 2007 to provide for bail in some cases filed under the Penal Code.
This is the third time changes have been made to the rules framed under the Emergency Powers Ordinance 2007.
Hearings on the bail petitions of the cases filed under sections 161, 162, 163, 385, 386, 387, 401, 406, 408, 420, 423, 467, 468, 471 and 477 of the Penal Code were not held yesterday as the amendment did not bring any provisions for granting bail to those accused.
Earlier on March 21, the government promulgated an amendment, suspending the rights to petition for bail and seek redress from any higher court until a case is resolved in a trial court. It caused uproar among the lawyers, litigants and rights activists.
In the section pertaining to bail, the amended ordinance says, “Regardless of whatever is stated in sections 497 and 498 of the Criminal Procedure Code or any other law, an accused under the Emergency Powers Ordinance will not be released on bail during the enquiry, investigation and trial of the case against that person.”
However, arrestees with charges of corruption, smuggling, hoarding, black-marketing, money laundering, illegal possession of firearms, explosive substances, foreign currency, and narcotics, tax evasion and other crimes considered a threat to security of the state, people and the economy were not eligible for bail.
The second amendment [March 21] had suspended the right to bail also for those accused of offences under the Penal Code.
Following that, no hearing on bail petitions in cases filed under the Arms Act, Explosive Substances Act, Foreign Exchange Regulation Act and Penal Code has taken place in any court of the country.




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