The basic concept of bail is the release of a person from the custody of Police, and delivery into the hands of sureties. These sureties are responsible for presenting him into court. Whether bail is granted to a person after arrest, or pre-arrest in both cases it is mandatory to give securities. In some cities surety is also given in the kind of property or money, but mostly court demands security of a person. In local language these sureties are called “Zaimn”. The concept of Bail after arrest is given under section 487 Crpc, while the concept of Bail after arrest is given in sec.498 Crpc.

What are Bailable amp; Non Bailable offences:

In Bailable offences the grant of Bail is the right of the accused, while in Non-Bailable offences the grant of Bail is not a right but is subject to the discretion of the court. All those offences are considered bailable where punishment is less than two years imprisonment under PPC 1860. Sec.497 divides non-bailable offences into two categories they are offences punishable with death of life or imprisonment of ten years; and offences punishable with, imprisonment imprisonment for less than ten years.  In normal practice Pakistani courts grant bails in all those offences where punishment is less than ten years. This distinction of punishment is made on the grounds of law perceives the seriousness of the particular offence. Bailable offences are generally known as non serious offences, minor crimes are included in it. It is not necessary for the police to detain criminals in minor offences, so courts release them on Bail. However if all the evidences & proofs are against the accused then court can deny bail even in a bailable offence. All offences of serious nature like murder, dacoity, theft, smuggling and terrorism are included in the list of non-bailable offences. They are considered more onerous & dangerous crimes, and in these cases courts only grant bail when defense lawyer prove that the accused is innocent and case is based on malafide intention or there are some doubts in the case, and according to law benefit of doubt is always in the favor of the accused.

When Bail can be denied?

In non-bailable offences falling in the category of less than ten years imprisonment the grant of a bail is a rule, and the refusal is an exception.   The courts can only deny bail in extraordinary and exceptional cases. For example

(1)  When there is likelihood of the abscondence of the accused.

(2)  Where there is an apprehension that the accused has tempered with the prosecution evidence.

(3)  Where there is danger of the offence being conducted again if the accused is released on bail.

(4)  Where the accused is previous convict.

 

Rejection of Bail:

For rejection of Bail the prosecution need to prove that, the person involved in the FIR is a real offender that he was involved in the crime. The prosecution need to prove that accused is a habitual offender, and the complaint filed against him has merit. Bail can be rejected on the ground that, there is need to further investigate the case. That the accused is a regular offender & he can use all means to manipulate the evidence.

Other grounds for granting of Bail in Non-Bailable offences:

Following are the grounds for granting of Bail in non-bailable offences.

Personal disputes:

When it is proved that there is a personal dispute between the parties or there is a personal enmity between the parties the bail can be granted even in non bailable offence.

Rule of consistency:

Rule of consistency means when co-accused is released on bail then the accused is also liable for bail. Rule of consistency is not a solid ground, there are cases in which superior courts rejected bail on this ground; but it is included in the list of well grounds.

Child or Woman:

When accused person is a child or woman bail can be taken in non bailable offence. Even in 9c cases if drugs are recovered from a woman, she would be entitled for bail at an early stage.

Health issues:

If accused petitioner is sick, and his or her health is not good bail can be granted to him. Recently many politicians received bail on this ground.

Delay in registration of FIR:

In all criminal cases FIR should be registered on time. If there is delay in registration of FIR due to any reason the accused will be entitled for bail.

Lack of evidence:

If there is lack of evidence then bail can be granted to accused.

Conclusion:

In conclusion, the law of bail in Pakistan stands as a crucial pillar safeguarding the fundamental rights and liberties of individuals within the judicial system. It serves as a balancing mechanism, ensuring that while the state upholds the rule of law, it also respects the presumption of innocence until proven guilty. The evolution of bail laws reflects a progressive approach, aiming to prevent unnecessary pretrial detention, promote fair trials, and uphold the principles of justice. However, challenges persist, including disparities in implementation and access to bail, necessitating ongoing reforms and greater awareness. Despite these challenges, the law of bail remains integral in upholding the principles of equity, justice, and the protection of individual rights in Pakistan's legal landscape.