Law of Bail

Law of Bail under Criminal Procedure Code explained by Syed Farhad Ali Shah (Expert Criminal Law). Lecture encompasses concept and process of Bail in Bailable offences under section 496 Cr.PC, Bail in Non-bailable offences under Section 497 Cr.PC and Pre-Arrest Bail Under Section Section 498 Cr.PC.

 

Important Case Laws on Law of Bail
PLD 1997 Lahore 659
https://eastlaw.pk/public-cases/mst.-raziaVSthe-state.MzIzMDY3

PLD 1953 FC 170
https://eastlaw.pk/public-cases/the-crownVSkhushi-muhammad.MTMyNjE4

PLD 1995 SC 34
https://eastlaw.pk/public-cases/tariq-bashir-andVSthe-state.MzIyODAw

Next Lecture would contain the grounds and complete process of Bail in Non-Bailable Offences and Important Case Laws on the topic.
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A Court considering a bail application has to tentatively look to the facts and circumstances of the case and once it comes to the conclusion that no reasonable ground exists for believing that the accused has committed a non-bailable offence, it has the discretion to release the accused on bail. In Order to ascertain whether reasonable grounds exist or not, the Court, should not probe into the merits of the case, but restrict itself to the material placed before it by the prosecution to see whether some tangible evidence is available against the accused which if left, unrebutted, may lead to inference of guilt. Mere accusation of non-bailable offence would not be sufficient to disentitle an accused from being bailed out. There should be reasonable grounds as distinguished from mere allegation of suspicion. However, strong the suspicion may be, it would not take the place of reasonable ground. The words “reasonable grounds” are words of higher import and significance than the word “suspicion”. It is for the prosecution to show reasonable grounds to believe that the accused has committed the crime. If the Court is not satisfied with the material placed before it that there exist reasonable grounds to believe that the accused is guilty, then the Court has the discretion to grant bail.
F.I.R. in which accused were specifically named was lodged very promptly—Counsel for accused could not point out any solid material on the basis of which it could be held that accused had been named in the F.I.R. due to the mala fide of the police or the complainant—In absence of such mala fides, pre-arrest bail could not be granted to accused—All the eye-witnesses had supported the prosecution case during the investigation—Accused though were found innocent by the police and their names were placed in column No.2, but no solid material had been , pointed out on the basis of which accused were found innocent—Even otherwise. opinion of the police was not binding upon the courts-Accused remained fugitive from law for considerable period and after adopting all the legal formalities, accused were declared absconders-Long ABSCONDANCE of accused, could be used against them as additional evidence and fugitive from law would lose some of their normal rights—Accused having not been found entitled to the extraordinary relief of pre-arrest bail, their bail application was dismissed. 2008 YLR 16 LAHORE-HIGH-COURT-LAHORE
Bail in bailable offences: Remand on failure to furnish surety/bailbond. Held, where remanding the accused to jail on his failure to furnish surety/bail bond the trial Court should consider the propriety of his release on execution of his personal bond and not only on the first order of Judicial remand but also each subsequent order must show that the Court had really considered the propriety of his release on personal bond. PLD 1995 SC 34,Tariq Bashir etc. Under trial Prisoners, accused of bailable offences; petty offences and offences punishable with less than 10 years should not unnecessarily be detained in jail, and they should have clothes and food privately provided to them. PLD 1995 SC 34, Tariq Bashir etc.

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