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.

To find out more, Download Our Legal Services and Online Lawyers App From here or by
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