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Abdul Azeem
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Bail in Pakistan
Bail in Pakistan; Bail is the process of being released from custody, or avoiding custody, during a Criminal Trial Process. This article can act as a guide to the process and factors that affect the process of gaining and preventing the granting of bail to the accused.
Being incarcerated or being Arrested is a very frustrating and emotionally consuming process. The accused is not the only victim in such matters, the friends and family of the loved ones would also suffer from the detaining of an individual.
Who would require Bail in Pakistan?
Bail is sought for anyone who has been accused (or sometimes mentioned) in a Criminal Complaint presented to a Federal Law Enforcement agency. Depending on the nature of the crime, the Federal Law Enforcement Agency, i.e. the Police, would then look to either contact the individual for questioning or to immediately apprehend the suspect (pending their investigations).
When a person mentioned in the report (either as an accomplice or an accused) becomes aware of the Criminal Complaint, they can take steps to take bail (pre-arrest). We will discuss the factors, and explore the options these people have. Our lawyers are always at hand to assist you in these matters.
The 2 Basic Types of Bail
In essence, there are two types of immediate bail that an individual can apply for
- Pre-Arrest Bail; This is a bail that is applied for when an accused is involved in proceedings by Federal Law Enforcement Agencies (Such as the Police, FIA, Customs, and Excise, etc.) and wishes not to be physically remanded during their investigations.
- Post-Arrest Bail; This is a bail application that is made once the accused is under the custody of Federal Law Enforcement Agencies during their investigations.
Pre-Arrest Bail in Pakistan
Pre-arrest bail in Pakistan (known as Uburi Zamanat and kablas giriftari) is a procedure when a nominated, mentioned, accomplice, or accused party requests the court to allow them not to be physically remanded (Judicial Remand) during the investigation process.
This is covered by the Criminal Procedure Code under section 498 (referred to in short as CrPC 498) and would bind the party seeking relief to ensure they attend all hearings and trials by the court and investigating agencies concerned until the investigation is concluded.
Post-Arrest Bail in Pakistan
The Police, and other Law Enforcement Agencies, usually have a 24-hour period to present the detained to the court of jurisdiction, In Post-arrest bail in Pakistan, the procedure is when a nominated, mentioned, accomplice or accused party has already been arrested and detained by Federal Law Enforcement Agencies. Here, legal counsel would request the court to allow them to be released back to society during the investigation process until the conclusion of the trial.
This is covered by the Criminal Procedure Code under section 497 (Referred to in short as CrPC 497) and a major part of the bail hearing in this matter is usually what the police have obtained (by way of evidence) whilst they have arrested the party.
Factors that are considered in Granting Bail
To obtain bail, the accused and mentioned parties to the Criminal Complaint would need to primarily surrender to the court (in person or via proxy in certain restricted incidents) and present their case before the court with factors relating to: –
- The Person/People mentioned are innocent
- That the Criminal Complaint is baseless and false
- That the Criminal Complaint filed was made with ulterior motives
- That the Person/People accused and mentioned have no relation to the complaint.
- That the background of the Person/People accused is of good moral and social character
- That the Person/People requesting bail will not abscond (escape) and leave the city/country
- That the parties requesting bail will not disturb the investigation by interfering with the investigation by way of harassing the witnesses and complainants, and/or by manipulating the evidence, etc.
- That the parties seeking the relief of bail can submit a surety bond or put forward a guarantor.
Factors that are considered in Rejecting Bail
For the prosecution to ensure the rejection of bail, the prosecution needs to ensure the factors presented before the decided court would demonstrate
- The Person/People mentioned are guilty and/or involved in the crime
- That the Criminal Complaint has merit and needs to be investigated
- That the Criminal Complaint filed was made in good faith with due diligence
- That the Person/People accused are involved in the matter and need to be detained.
- The background of the Person/People accused indicated that they will commit further crimes
- That the Person/People requesting bail will abscond (and go on the run) and leave the city or country.
- That the parties requesting bail will do everything possible to pervert the investigation by way of harassing the witnesses and complainants, and/or manipulating the evidence (by hiding, destroying, or making new ones), etc.
- That the parties seeking the relief of bail have no assets, properties, or any bond (of value) to present to the court.
Bail Bonds and Surety by way of Guarantor
The Nature of the FIR / Complaint Lodged against the Person in question, as well as his Background, Criminal Record, and Financial (As well as Social) Status, would determine the Bail / Zamanat amount levied by the institution against the accused.
A bail bond is not always necessary, sometimes a Guarantor may also take responsibility for the accused appearing before the court when required. If the accused has a good job, substantial assets or land, or even a family, these factors (or lack thereof) can play a vital role in the grant or rejection of bail.
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