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CRIMINAL PROCEDURE CODE (CrPC) 

N es on Bail 
Made by: FATIMA TARIQ 
fatimatariq98@gmail.com 
 

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
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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
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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

Criminal Procedure code.

● No Reasonable Ground for commission of Non-bailable offence

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.

● Sufficient grounds for further Inquiry

For confirma on of post-arrest bail, there should also be sufficient grounds for further inquiry

into guilt of the accused.

● Bail Bond

Post-arrest bail can be confirmed when the accused is ready to submit bail bond in prescribed

manner under Criminal Procedure Code.

3. Bail after Conviction

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

bail pe on and allows bail also under sec on 426.

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

decided within period of six months beyond his convic on,

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.

Power Conferred By High Court U/S 426 (2):

The High Court is also authorised to exercise aforesaid powers in the case of any appeal filed by

a convicted person to a court subordinate to it.

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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

may be in favour of the accused.

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.