10/02/2026
- Pre-arrest bail also called as Anticipatory Bail, governed u/s 498 Cr.p.c
- *Object & purpose of pre-arrest bail*
To protect innocent citizens if there are chances of their false
implication and case is found to have been registered against them
with mala fide intention
- *The principles laid down under section 498*
i. The amount of every bond executed shall be fixed with due regard
to the circumstances of the case.
ii. The amount of every bond must not be excessive
iii. The High Court or Court of Sessions may admit any person to bail
iv. The High Court or Court of Sessions may reduce bail required by a
police officer or Magistrate.
- *The grounds to grant a pre-arrest bail*
As per Hidayat Ullah Case, if accused is present before court, pre-
arrest bail may be granted if following conditions are fulfilled:
i. Apprehension of arrest
ii. Apprehension of arrest for some Ulterior Motive.
iii. Ulterior motive on the part of police by joining hands with
complainant is for political consideration in order to humiliate and
harass the accused
iv. Apprehension of irreparable injury to the reputation and liberty of
the petitioner
v. Otherwise, case is a fit case for grant of bail under section 496 or
497.
- *The pre-requisites to grant a post or pre-arrest bail*
i. Registration of an FIR
ii. Written bail petition
iii. Presence of the accused before court granting bail
iv. Notice to the state (complainant)
v. Summoning of Record (Police File). ...Optional
vi. Hearing of the Parties
- *Landmark Judgment*
1. Hidayat Ullah Khan case (PLD 1949 Lah 21)
2. Murad Khan case (PLD 1983 SC 82)
