Introduction to Bail

Bail is a fundamental aspect of the criminal justice system, ensuring that individuals accused of a crime are not unnecessarily detained before trial. The law of bail provides a legal mechanism through which courts grant temporary release to an accused person, subject to specific conditions. Bail plays a crucial role in balancing individual liberty with the interests of justice.

An accused person is said to have been admitted to bail when he is released from the custody of officers of law (police or court) and is entrusted to custody of a private person known as his surety who is bound to produce him, to answer the charge against him at the specified time, date and place when and if required. If the accused fails to appear, the sum of bail shall be forfeited and surety person shall be liable for that amount.

Bail is an order of the court in writing. Court shall record the reasons. Court shall hear both parties. Surety amount shall be mentioned in the order with the understanding that accused shall appear before the court at the time of the trial.

Types Of Bail In Pakistan

Bail in bailable offences:

Section 496 of CrPC 1898 states that Bail is right in bailable offences according to Schedule II Column 5 CrPC.

Bail in non bailable offences:

Section 497 of CrPC 1898 states that bail after arrest maybe allowed in non bailable offences. When the court considers that there are reasonable grounds for believing that accused is guilty of offence punishable with death or imprisonment for life or imprisonment for 10 years, bail maybe refused. It is technically called prohibitory clause.

Bail maybe allowed and following are the preferred grounds;

• Tender age of the accused.
• Accused is female.
• Accused is sick or infirm.
• Case of further inquiry and court shall determine the allegation levelled against the accused after recording the evidence at that time of trial. For example, difference between eye witnesses and medical evidence, conflict of evidence between the witnesses and plea of alibi etc.
• Delay in conclusion of trial, commonly known as statutory ground. If the case is punishable with death, statutory period is 2 years of continuous detention. In all other cases this period is 1 year. If the accused is female, the time period shall be half.

Note: Statutory ground is not available, if it is case of terrorism, the accused is dangerous criminal or he is previous convict. If the delay is caused by the accused or the person acting on his behalf, statutory ground of bail is not applicable. (Exceptions of statutory ground)

Bail Before Arrest:

Section 498 of CrPC 1898 states that If FIR has been registered but accused has not been arrested, he may file bail before arrest in the Court of Sessions or High Court. The accused shall appear before the court. Preferred grounds for bail before arrest are;

• Accused is innocent.
• Accused is respectable citizen.
• Not previously convicted.
• Arrest shall cause damage to his repute.
• There is malafide intention of the complainant or police behind the registration of FIR.
• Apprehension of immediate arrest by police.

This kind of bail is also known as pre-arrest, ad-interim, confirmatory, protective or transitory bail. Accused shall join the investigation during pendency of pre-arrest bail.

Note: Bail before arrest maybe allowed by the Court of Sessions or High Court even if the offence is triable by the Magistrate.

Cancellation of Bail:

According to section 497(5) CrPC 1898, bail once granted maybe recalled/cancelled by the same court or by the higher court. The preferred grounds for cancellation are;

• Misuse by the accused.
• Interference in the investigation or trial.
• More incriminating material brought on record.
• Material mistake in bail granting order.

Note: Section 497(5) is applicable in both bail after arrest and bail before arrest cases.

Bail after conviction:

Incorporated under Section 426 of CrPC 1898, Bail maybe allowed after conviction till decision of appeal by suspending the sentence awarded by the trial court.

Factors Considered in Granting Bail

Courts evaluate several factors before granting bail, including:

• Nature and gravity of the offense
• Criminal record of the accused
• Likelihood of absconding
• Influence on witnesses or evidence

Conclusion

The law of bail ensures a fair legal process by upholding the principles of justice and personal freedom. It strikes a balance between protecting the rights of the accused and maintaining public safety. Understanding these legal provisions helps individuals navigate the complexities of the criminal justice system effectively.

Read More:
First Information Report (FIR) | A Comprehensive Overview
Criminal Trial Law | An Ultimate Overview
Law Of Arrest | Important Legal Procedures and Rights