rightofbail-130622093715-phpapp01

8/10/2019 rightofbail-130622093715-phpapp01

1/23

RIZWANA ZAHOOR

LLM 2NDSEMSTER

DEPARTMENT OF LAW


2/23

Right to Bail


3/23

WHAT IS BAIL?

Bail means entrustment of the accused to his

sureties, 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 person

charged with an offence, on that person signedundertaking that he will appear in court to answer

the charge.


4/23

Purpose of Bail

Secure the presence of accused at the trail while

allowing the accused his liberty and protectinghim for unnecessary detention.

It must always be kept in mind that the accused isinnocent until proven guilty.

When deciding to grant bail,any amount of

bond,the number of sureties or conditionsimposed should only be sufficient to ensure that

the accused attends the next hearing.


5/23

The code of criminal procedure 1989

The code of criminal procedure 1989 is the law of

procedure in Pakistan and provides themechanism for the implementation of the

substantive penal laws.Where any special procedure is provided in anyother law in force the same shall have the field.

Where special law is silent the procedure given inthis code shall apply unless specifically

prohibited by that law.


6/23

Criminal justice system of Pakistan

The code of criminal procedure defines the word

offence:

Any act or omission made punishable by any law

for the time being in force,it also includes any actin respect of which a complaint may be made byan aggrieved person.

The essential elements of an offence are as under:That it should be an act or omission

That such act or omission should be made

punishable


7/23

What is an act and what is an

omission

Act:

An act is any doing by a human being.

Omission:An omission is not doing any act. When a lawrequires an act not to be done it becomes a legalduty of the concerned subjects not to do it.But it

will be called an offence only when law alsoprescribes a punishment for its omission.


8/23

Division of offences

The code of criminal procedure divided offences

in to two i.e bailable offences and non-bailableoffences.

Bailable offences:

means an offence shown as bailable in the

second schedule or which is made bailable by any

other law for the time being in force.Non-bailable offences:

Non bailable offences means any offence other

than bailable.


9/23

Kinds/types of bail

Post arrest bail

Pre arrest bail

Bail in bailable offences:

In the case of bailable offences the personaccused has the indefeasible to grant of bailsubject of course to satisfactory sureties being

offered,if sureties are considered necessary.

The court or the officer in charge of policestation is bound to release the person who is

accused of bailable offence.


10/23

Conditions for grant of bail

The conditions laid down by the supreme court

for grant of bail are as follows.

If the person seeking bail has been placed under

actual custody;or

He appears in answer to a process issued by the

court;or

He is brought before the court

By the police;or

By some other arresting authority


11/23

Authority to grant bail

Court of law

Officer in charge of police station

Bail in non-bailable offences (sec 497)

Factors to be considered:

The nature of accusation and prosecution

evidence in support of it,

Severity of punishment,

Behaviour or plea of defence


12/23

Classes of non-bailable offences

Section 497 of cr.p.c divides non-bailable offence

in to two categories.

Offences falling in prohibitory clause.

Offences does not falling in prohibitory clause.

Offences falling in prohibitory clause:

Offences punishable with death

imprisonment for life and imprisonment for ten

years.


13/23

General rule in non-bailable

As a general rule bail shall not be granted in such

cases but with exceptions.

Exceptions:

A person under the age of sixteen years or

Any woman;

Any sick person;or

Infirm person


14/23

Cases where court shall grant bail as

a matter of right

Case of further inquiry Sec.497(2)

The essential pre requisite for grant of bail is thatthe court must be satisfied on the basis of opinion

expressed by the police or the material placedbefore it that there were reasonable grounds tobelieve that the accused was not guilty of anoffence punishable with death or imprisonment of

ten years.

Case of further inquiry would only be made outwhen data collected by prosecution is not

sufficient.


15/23

Reasons for bail to be recorded in

writing

Releasing any person on bail shall record in

writing his or its reasons for so doing.

Stage when court may grant bail Sec 497(4)

At any time after the conclusion of the trail andbefore judgment is delivered.


16/23

Offences not falling within

prohibitory clause

Offences punishable with imprisonment less than

ten years.

Rule

Bail in cases falling in this category will bedeclined only in extra ordinary and exception

cases.e.g

Where there is likelihood of abscondance;


17/23

Where there is the danger of the offence being

repeated if the accused is released on bail;

Where the accused is a previous convict.

Where there is apprehension of the accusedtampering with the prosecution evidence.


18/23

Pre arrest bail

Object

To prevent innocent person from being unnecessarily harassed.

Scope

Rare,and very limited which could be extened instrong and exceptional circumstances which are

based on malafide/ enmity.

Sec(498) cr.p.c empower high court or sessioncourt to grant pre arrest bail.in case of exceptional

nature.


19/23

Conditions for grant of pre-arrest

bail

Following conditions for the grant of pre arrest

Genuine proved apprehension of imminent arrest

Petitioner should physically surrender to thecourt.

Apprehension of harassment and underirreparable humiliation by unjustified arrest.

It should be otherwise fit case on merits.


20/23

Pre-arrest can not be claimed as a

matter of right

It can not be claimed as a matter of right but canonly be availed off where it is shown that thecause of prosecution is based on mailce and

ulterior motive.


21/23

Cancellation of bail

The High court or the court of Session or any

other court which has released an accused on bailfor a non-bailable offence,may order his arrest

and remand in custody.This will be where there has been a change incircumstances;

There is apprehension he may abscond,He has breached the terms of bail,

Committing other offences.


22/23

Thank you


23/23

rightofbail-130622093715-phpapp01

Documents

Transcript of rightofbail-130622093715-phpapp01