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Bail Under CRPC Notes
Bail Under CRPC Notes
Spring’ 2020
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:
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
KINDS OF BAIL
3. Bail a er Convic on
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;
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
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
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
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;
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
For confirma on of post-arrest (a er arrest) bail, following are essen al condi ons to fulfil:
● Prohibitory Clause
According to Sec on No. 497 of Criminal Procedure Code, post-arrest bail cannot be granted
when there exists reasonable grounds for believing that the pe oner has been guilty of that
offence, which is punishable with death or imprisonment for life or imprisonment for ten years.
It reveals that the pre-condi on or essen al ingredient for confirma on of post-arrest bail is
that the alleged offence should not fall within the prohibi ve clause of Sec on No. 497 of
Another pre-condi on for confirma on of post-arrest bail is that there should be no reasonable
grounds for believing that the accused has commi ed a non-bailable offence.
For confirma on of post-arrest bail, there should also be sufficient grounds for further inquiry
● Bail Bond
Post-arrest bail can be confirmed when the accused is ready to submit bail bond in prescribed
It is granted when a er convic on of accused, the appeal has been accepted for hearing and the
court observes that there are grounds for the release of the accused, therefore, it accepts the
Who May Be Released On Bail After Conviction? Under Section 426 (1-a):
The Appellate court shall release a convicted person who has been sentenced:
i. to imprisonment for a period not exceeding three years and his appeal has not been
ii. to imprisonment for a period exceeding three years but not exceeding seven years and
his appeal has not been decided within a period of one year from the date of his
convic on
iii. to imprisonment for life or for a period exceeding seven years and his appeal has not
been decided within a period of two year from the date of convic on.
The High Court is also authorised to exercise aforesaid powers in the case of any appeal filed by
GRANT OF BAIL
The principles in gran ng bail to persons accused of offences are quite well se led. In
connec on with non-bailable offences (not punishable with death or imprisonment for life) one
of the considera ons is the danger of the accused absconding. In considering this danger, the
Court has to consider the weight of the evidence against the accused, the nature and gravity of
the charge and severity of the degree of punishment that might follow. Another considera on is
the danger of witnesses being tampered with or of evidence being suborned. In considering
these ma ers, the character, means and standing of accused persons have to be taken into
considera on. At the same me, the Court has to see that there is no puni ve deten on and
that opportunity is given as far as possible to the accused persons to prepare their defence.
REFUSAL OF BAIL
When a court has reason to believe that an accused person is likely to commit similar or any
other offence if he is enlarged on bail, it would refuse bail whatever other considera ons there
CONCLUSION
To conclude, the object of bail is to save innocent persons from being unnecessarily harassed. In
every bailable offence, bail is granted as a ma er of right and not as a ma er of favor. The grant
in non-bailable offences depends upon the discre on of the Court and such concession cannot
be claimed as of right.