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Bail in Pakistan – Everything you need to know

Bail in Pakistan

Bail in Pakistan ; Bail is a 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 on 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 bails that an individual can apply for

  1. 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.
  2. Post Arrest Bail; This is a bail application that is made once the accused is under the custody of the 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 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

In order 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: –

  1. The Person/People mentioned are innocent
  2. That the Criminal Complaint is baseless and false
  3. That the Criminal Complaint filed was made with ulterior motives
  4. That the Person/People accused and mentioned have no relation to the complaint.
  5. That the background of the Person/People accused is of good moral and social character
  6. That the Person/People requesting bail will not abscond (escape) and leave the city/country
  7. 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.
  8. That the parties seeking the relief of bail are able to submit a surety bond or put forward a guarantor.
Factors that are considered in Rejecting Bail

In order for the prosecution to ensure the rejection of bail, the prosecution need to ensure the factors presented before the decided court would demonstrate

  1. The Person/People mentioned are guilty and/or involved in the crime
  2. That the Criminal Complaint has merit and needs to be investigated
  3. That the Criminal Complaint filed was made in good faith with due diligence
  4. That the Person/People accused are involved in the matter, and need to be detained.
  5. That the background of the Person/People accused indicated that they will commit further crimes
  6. That the Person/People requesting bail will abscond (and go on the run) and leave the city or country.
  7. That the parties requesting bail will do everything possible to pervert the investigation by way of harassing the witnesses and complainants, and/or by manipulating the evidence (by hiding, destroying or making new ones), etc.
  8. That the parties seeking the relief of bail are have no assets, properties or any bond (of value) to present 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, or 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.

How we can help you in your bail matter

Bail applications are fought with the greatest Vigor depending on the crime and department. You may be asked to submit a surety bond (In the form of Cash, or Documentation of Land/Asset ownership, or in some cases a Cheque) or a local surety (Someone who will take responsibility for you and guarantee your return to the Police Station/Court) or both.

Our Lawyers are available 24 hours a day to assist with Police Matters and can come to the Station/Court of your requirement, and make relevant applications to secure your bail. Our Lawyers also abide by our “24Justice.pk Fixed Fee Policy” which means you do not have to worry about any unknown and hidden extra charges.

  1. What is Zamanat and Uburi Zamanat?

    “Zamanat” is Urdu for Bail, and refers to the Bail hearing Procedure (Usually after arrest). “Uburi Zamanat” is Pre-arrest bail.

  2. What factors affect bail hearings in Pakistan?

    Factors affecting bail hearings in Pakistan include (but are not limited to) the alleged crimes that were committed, the circumstances, the character, and the record of the accused.

  3. Is it easy to get bail in Pakistan?

    It really depends on the crime. Some crimes (for example, charges of terrorism) are incredibly difficult (sometimes impossible) to get bail for. Other crimes (like murder) may be provided upon a condition (i.e. the recovery of the weapon used).

  4. Can I travel abroad whilst I am on bail?

    When Bail is granted, it's usually conditional upon the accused appearing before the court, or not leaving a certain jurisdiction, etc.. however, a request to travel (for example, on medical grounds) can be made.

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