Bail means entrustment of the accused to hissureties, who are bound to produce the

accused incourt whenever required.Bail means the security taken from a person
toappear on a fix date before the court.Bail is the release from the custody of a
personcharged with an offence, on that person signedundertaking that he will appear
in court to answerthe charge.
An application for bail after
arrest in non-bailable offence is filed under section 497 of Cr.P.C. Section 300 of
Pakistan
Penal Code, 1860 (hereinafter referred to as P.P.C) provides “Qatl-e-Amd” it says
“Whoever, with the intention of causing death or with the intention of causing bodily
injury
to a person, by doing an act which in the ordinary course of nature is likely to cause
death, or
with-the knowledge that his act is so imminently dangerous that it must in all
probability
cause death, causes the death of such person, is said to commit qatl-e-amd”. Section
302 of
P.P.C provides “punishment for qatl-e-amd”.

What is the meaning of Bail?

Bail, in law, means procurement of release from prison of a person awaiting trial or an
appeal, by the deposit of security to ensure his submission at the required time to legal
authority. The monetary value of the security, known also as the bail, or, more
accurately, the bail bond, is set by the court having jurisdiction over the prisoner. The
security may be cash, the papers giving title to property or the bond of private persons
of means or of a professional body or financial institution.

Failure of the person released on bail to surrender himself at the appointed time results
in forfeiture of the security. The law lexicon 1 defines bail as the security for the
appearance of the accused person on which he is released pending trial or
investigation.

Courts have greater discretion to grant or deny bail in the case of persons under
criminal arrest, e.g., it is usually refused when the accused is charged with homicide.
What is contemplated by bail is to "procure the release of a person from legal custody,
by undertaking that he/she shall appear at the time and place designated and submit
him/herself to the jurisdiction and judgment of the court."
History of Bail
The concept of bail can be traced back to 399 BC, when Plato tried to create a bond
for the release of Socrates. The modern bail system evolved from a series of laws
originating in the middle ages in England.

Types / Kinds of Bail:

•Bail after arrest

After Arrest Bail

A bail can be granted to the accused person, after his arrest, both in bailable and non-bailable
offence. When the accused has been arrested by a law enforcing agency and the court feels that
there is no need of detention of the person in jail and he is likely to suffer irreparable injury to his
dignity, honor, or reputation by his arrest. The concerned trial court grants Post Arrest Bail after
fulfilling the following conditions:

1. That the person shall make himself available for interrogation by the police officer as and
when required;
2. That the person shall not, directly or indirectly, make any inducement, threat or promise
to any person acquainted with the facts of the case so as to dissuade him from disclosing
such facts to the court or to any police officer;
3. That the person shall not leave the country without prior permission of the court.
4. That the person submits the surety bonds for the satisfaction of the court till the final
disposal of the case.

There are essential ingredients for Post Arrest Bail:

i. Prohibitory Clause

According to Section 497 of the Criminal Procedure Code, a post-arrest bail cannot be granted
when there exist reasonable grounds for believing that the accused has been guilty of that
offence, which is punishable with death or imprisonment for life or imprisonment for ten years.
The pre-condition or essential ingredient for confirmation of post-arrest bail is that the alleged
offence should not fall within prohibitory clause of Section 497 of the Criminal Procedure Code.

ii. No Reasonable Ground for Commission of Non-bailable offence

Another pre-condition or essential ingredient for confirmation of post-arrest bail is that there
should be no reasonable grounds for believing that the accused has committed non-bailable
offence.

iii. Sufficient grounds for further Inquiry

For confirmation of post-arrest bail, there should also be sufficient grounds for further inquiry
into the guilt of the accused.

iv. Bail Bond

Post-arrest bail can be confirmed when the accused is ready to submit bail bond in the prescribed
manner under Criminal Procedure Code.

•Bail before arrest

Bail before arrest is a bail which is granted in a case where the court feels that the accused has
been falsely involved in the case and may suffer irreparable injury to dignity, honor, or
reputation if arrested. The District and

Session Court grant the Pre-Arrest Bail after fulfilling the following conditions:

1. That the person shall make himself available for interrogation by the police officer as and
when required;
2. That the person shall not, directly or indirectly, make any inducement, threat or promise
to any person acquainted with the facts of the case so as to dissuade him from disclosing
such facts to the court or to any police officer;
3. That the person shall not leave the country without prior permission of the court.
4. That the person submits the surety bonds for the satisfaction of the Court till the final
disposal of the case.

There are essential ingredients for confirmation of Pre-Arrest Bail:

5. Ulterior Motives

If the court feels that the motive for involvement of the accused in some criminal case is not
pure, a pre-arrest bail is granted. It is also granted if there is an apprehension of the imminent
arrest, humiliation and unjustified harassment of the accused due to some ulterior motive or
mala fide on the part of authorities or other influential persons.

6. Heinousness of offence

Heinousness of offence is of no importance as far as granting of pre-arrest bail is

concerned. In fact, pre-arrest bail cannot be refused due to heinousness of offence.

7. Commission of offence

Pre-arrest bail can be confirmed when investigation is completed and it shows that the
accused has not committed offence.

8. Physical Surrender
 The accused should physically surrender himself before the court. It means that no pre-
arrest bail can be granted to an absconder.

Bail Bond

9. Pre-arrest bail can be confirmed when the accused is ready to submit bail bond in the
prescribed manner under Criminal Procedure Code, 1908.