Mian Law Firm

16/05/2025

ESSENTIALS OF A PRE-ARREST BAIL IN PAKISTAN:

In Pakistan, the grant of pre-arrest bail is governed by the Criminal Procedure Code (CrPC). The following are the essentials of a pre-arrest bail application under Pakistani law:

• Apprehension of Arrest: The applicant must have a genuine apprehension of arrest in a criminal case. The applicant must show that there is a real possibility that he or she may be arrested in connection with the case.

• Reasonable Grounds: The applicant must have reasonable grounds to believe that he or she is innocent of the charges leveled against him or her. The applicant must demonstrate that there is no evidence to support the allegations against him or her.

• Personal Liberty: The applicant must demonstrate that his or her personal liberty is at risk if he or she is arrested. The applicant must show that he or she is not a flight risk and that he or she will cooperate with the authorities.

• No Obstruction of Justice: The grant of pre-arrest bail must not impede the investigation or the administration of justice. The court must be satisfied that the grant of bail will not prejudice the prosecution's case or the rights of the victim.

• Meritorious Case: The applicant must have a meritorious case. The court will consider the strength of the applicant's case and the seriousness of the allegations against him or her.

• Cooperation with Investigation: The applicant must be willing to cooperate with the investigation. The court may require the applicant to appear before the investigating officer or to provide any other assistance required in the investigation.

• Surrender of Passport: In some cases, the court may require the applicant to surrender his or her passport as a condition of pre-arrest bail.

14/05/2025

کسی ملزم کی ضمانت قبل از گرفتاری صرف اس لیے خارج نہیں کی جاسکتی کہ اسکا کیس ضمانت بعد از گرفتاری کے لیے اچھا کیس ہے۔۔
اگر بعد میں ضمانت مل سکتی ہو تو پہلے کیوں گرفتار کریں؟
اگر کسی شخص کو بعد میں بیل مل سکتی ہو، تو صرف تھوڑے دنوں کے لیے اسے گرفتار کرنا ٹھیک نہیں۔ یعنی اگر گرفتار ہونے کے بعد بھی ضمانت ملنی ہے، تو شروع میں ہی ضمانت دی جاسکتی ہے۔

Very very important

Legally speaking, out of the offences with which the petitioner is charged, section 337-F(i), 337-A(i) and 337-L(2) PPC are bailable and in such like offences bail is a right, whereas, punishment of the offence under sections 337-F(vi) PPC does not fall within the Prohibitory Clause of Section 497 Cr.P.C., and in such like offence grant of bail is a rule and refusal thereof an exception. In such view of the matter, if petitioner is denied the extra ordinary concession of pre-arrest bail, he would nonetheless be entitled to post-arrest bail, considering the nature and extent of the punishment prescribed for the offences with which he stands charged.
Where an accused has a strong case for post-arrest bail, he ought not to be incarcerated merely to satisfy the complainant’s desire to have him arrested for a few days, by denying pre-arrest bail. It is a well-settled principle of law that once the court concludes that the accused would become entitled to post arrest bail upon dismissal of his pre-arrest bail application, then requiring him to undergo incarceration would be a mere procedural formality devoid of any meaningful purpose.
CRIMINAL PETITION NO.310 OF 2025
Muhammad Akhtar vs The State etc
Date of hearing:17.04.2025

14/05/2025

26/10/2023

Today's occurrence at Sessions Court Gujrat Gate, CCTV footage.