BAIL Under Cr PC notes PDF

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Tariq 1

CRIMINAL PROCEDURE CODE (CrPC) Nes on Bail Made by: FATIMA TARIQ [email protected] 

Spring’ 2020 WHAT ARE THE TYPES OF BAILS? UNDER WHICH CIRCUMSTANCES THE BAIL IS GRANTED OR REFUSED? INTRODUCTION In simple words, bail is a release of a person from the custody of police and delivery into the hands of surees who undertake to produce him before the court whenever required to do so. 1

Relevant Law: Secon 496, 497, and 498 of CrPC

Basic Principle Underlying Release On Bail: The principle underlying release on bail is that an accused person is presumed in law to be innocent ll his guilt is proved and a presumably innocent person, he is entled to freedom and every opportunity to look aer his case, provided his aendance is secured by proper security. It is also an accused's rights that he may liberal the eye of law defends the allegaons leveled against him and pursues his case as well.

KINDS OF BAIL Bail is of the following three kinds: 1. Pre-Arrest Bail (Ancipatory Bail, Secon 498) 2. Bail Aer Arrest / Post Arrest Bail 3. Bail aer Convicon

1. Bail before Arrest / Pre-Arrest bail

Pre-arrest bail is very rare and limited. It can be extended in very strong and exceponal circumstances either based on mala fide intenon or enmity. Secon 498 of the Code of

1PLD 1998 SC 1

Tariq 2 Criminal Procedure throws light on the topic of pre-arrest bail. In 2003 PCrLJ 135, the court states the condions that bail before arrest is a bail which is granted in a case where; ● the arrest is for ulterior moves, ● prosecuon movated to cause irreparable injury to the reputaon and liberty, ● movaon of police on polical consideraon, etc. Pre-arrest bail are further of two types: i)

Protective bail

Protecve Bail was granted to the accused ll a specified date for moving pre-arrest Bail applicaon before Trial Court. It enables the accused to approach the concerned court of other provinces for the purpose of obtaining pre-arrest bail without touching its merits. In Qadir Bux alia Karo V State 2008, the High Court granted protecve bail to the accused without dilang upon the merits or demerits of the case.2 ii)

Direct approach to High court

The High Court has power under secon 498, Criminal Procedure Code, to make an order that a person who is suspected of an offence for which he may be arrested by a Police Officer or a court, shall be admied to bail. The exercise of this power of grant of bail before arrest is an extraordinary relief to be granted only in extraordinary situaons to protect innocent persons against vicmizaon through amusement of law for ulterior moves. In Rana Muhammad Arshad versus Muhammad Rafique and Another, the Supreme Court of Pakistan held that while seeking bail directly from higher court, the accussed need to show that his arrest was being sought for ulterior moves, parcularly on the part of the police; to cause irreparable humiliaon to him and to disgrace and dishonour him. 3

2. Bail After Arrest / Post Arrest Bail A post arrest bail can be granted to a person who has already been arrested and kept in police custody. When the accused has been arrested by the law enforcing agency, bail may be generated to him under secon 497 of CrPC. For confirmaon of post-arrest (aer arrest) bail, following are essenal condions to fulfil:

● Prohibitory Clause

2 2008 P.Cr LJ Sindh 106 3 P L D 2009 Supreme Court 427...