Criminal Matters in Bangladesh

Criminal Matters in Bangladesh: A Comprehensive Legal Guide by TRW Law Firm

Introduction

Criminal law plays a pivotal role in maintaining law and order in any society. It encompasses various legal provisions to protect individual rights while ensuring justice is served. TRW Law Firm specializes in handling a broad spectrum of criminal matters, including bail applications, appeals, and revisions. This guide provides an in-depth look into key criminal legal procedures in Bangladesh, including relevant applications and legal strategies.

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Key Criminal Legal Procedures

1. Application for Anticipatory Bail

Anticipatory bail is sought when a person fears arrest in a non-bailable offense.

Process of Filing for Anticipatory Bail:

• Step 1: Filing a bail application before the High Court Division.
• Step 2: Providing necessary evidence of potential harm due to arrest.
• Step 3: Court reviews the application and issues a ruling.
• Step 4: If granted, the applicant gets protection from arrest under set conditions.

Flowchart:

Start → File Bail Application → Submit Evidence → Court Review → Decision (Granted/Rejected)

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2. Application for Bail (for accused in custody)

An accused person in custody can seek bail based on legal provisions, ensuring that their right to liberty is not unduly restricted.

Steps for Bail Application:

• Step 1: Submission of bail petition before the relevant court.
• Step 2: Presentation of legal grounds and evidence.
• Step 3: Court hearing and evaluation of circumstances.
• Step 4: Issuance of bail order (granted or rejected).

Mind Map:

                 Bail Application
                     │
        ┌───────────┴────────────┐
     Legal Grounds             Court Decision
        │                          │
    Prior Conduct         Bail Granted/Rejected

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3. Revision Application Challenging Validity of an Order of Framing Charge

A revision application is filed to challenge the validity of an order framing charges against the accused.

Legal Grounds:

• Insufficient evidence.
• Violation of legal procedures.
• Misinterpretation of law.

Steps for Filing a Revision Application:

• Step 1: Drafting the revision application.
• Step 2: Submission before the High Court Division.
• Step 3: Legal hearing and argument.
• Step 4: Court decision (Charge upheld or revoked).

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4. Appeal Challenging the Validity of an Order of Nari-O-Shishu Nirjatan Daman Tribunal

The Nari-O-Shishu Nirjatan Daman Tribunal deals with offenses related to women and children. An appeal can be filed if an order is unjust or legally flawed.

Process of Filing an Appeal:

• Step 1: Reviewing the Tribunal’s order.
• Step 2: Drafting the appeal petition.
• Step 3: Filing before the appropriate appellate court.
• Step 4: Hearing and judgment.

Diagram Representation:

Tribunal Order → Legal Review → Appeal Filing → Court Decision

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5. Appeal Against Conviction of the Accused

A person convicted of a criminal offense can file an appeal to seek reversal or modification of the judgment.

Appeal Process:

• Step 1: Filing an appeal within the prescribed time limit.
• Step 2: Submission of legal arguments and evidence.
• Step 3: Court hearing.
• Step 4: Decision (conviction upheld, modified, or reversed).

Flowchart:

Start → Conviction → Appeal Filed → Court Review → Verdict

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6. 561A Application for Quashment of the Case Below

A 561A application under the Code of Criminal Procedure allows an accused to quash a baseless criminal case.

Procedure:

• Step 1: Establishing that the case is frivolous or legally untenable.
• Step 2: Filing an application before the High Court Division.
• Step 3: Legal arguments and presentation of evidence.
• Step 4: Court ruling (case quashed or continued).

Mind Map:

                561A Application
                     │
        ┌───────────┴───────────┐
     Legal Flaws             Court Ruling
        │                        │
 Frivolous Case           Case Quashed/Continued

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7. 561A Application Challenging Mobile Court Order

A mobile court order can be challenged if it violates legal principles or exceeds jurisdiction.

Steps to Challenge a Mobile Court Order:

• Step 1: Identifying the legal flaws in the mobile court’s decision.
• Step 2: Filing a 561A application in the High Court Division.
• Step 3: Arguing before the court.
• Step 4: Judgment (Order upheld or set aside).

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8. Application for Condonation of Delay

If an appeal or application is delayed, an application for condonation can be filed to seek permission to proceed despite the delay.

Procedure:

• Step 1: Proving sufficient cause for the delay.
• Step 2: Filing the condonation application.
• Step 3: Court assessment.
• Step 4: Approval or rejection of the request.

Flowchart:

Start → Delay in Filing → Justification Provided → Court Decision (Granted/Rejected)

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Conclusion

Criminal litigation requires strategic legal intervention and deep knowledge of procedural laws. TRW Law Firm offers expert legal assistance for anticipatory bail, bail applications, appeals, revisions, and quashment of cases. Whether you seek legal protection against arrest, wish to challenge a judicial order, or need professional representation in criminal matters, TRW Law Firm is your trusted legal partner.