Pre Arrest Bail (Grant of) Law and Procedure in Pakistan
Pre arrest Bail, more commonly known as anticipatory bail since it is a legal relief in anticipation of a possible arrest. This Bail form is considered difficult as compared to Post arrest Bail since this has to be obtained on maximum legal grounds as mere superficial facts are available and cases are in their infancy stage.
Simply put If any person apprehends that there is a move to get him arrested on false or trump up charges, or due to enmity with someone, or he fears that a false case is likely to be built up against him, or becomes aware of such case being lodged against him/her, he/she has the right to move the court of Sessions, the High Court or another court of competent jurisdiction under Code of Criminal Procedure for grant of bail in the event of his arrest, and the court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.
General Rules for Pre-Arrest/Anticipatory Bail (Grant of) in Pakistan
The court will weigh in various aspects before granting the Bail to the accused in Pakistan which include:
- Mala fide, ulterior motives or false implication are essential for pre-arrest bail—Pre-arrest bail can be granted where the arrest of accused is imminent with ulterior motive, mala fides or due to his false implication apparent on the face of record. This normally happens when the purpose of a case/possible case is to malign the accused.
- The gravity/seriousness of the crime: As viewed in superior courts the fact that a case is serious such as murder, rape etc does not necessarily mean it is non-bailable. The gravity of allegation should not stand in way of grant of pre arrest bail.
- As stated above it is an extraordinary relief for the common man therefore the law for Grant of pre-arrest bail in Pakistan helps protect innocent persons against victimization through abuse of law for ulterior motives.
- Individual is willing and in physical form surrendering towards the Law with maximum cooperation.
- Courts may take lenient view if the accused is facing health problems and prima facie the case has been lodged to malign the same.
- Whether the accused was at the scene, where crime was conducted— Accused (petitioner) was neither present at the time of occurrence nor any overt act was attributed to him then the court granted bail in Achar Vs State 2011 YLR 1640 Sindh
- Case is a civil dispute rather than criminal as claimed.
- Jurisdiction of competent courts in Pakistan are very much outlined in law, therefore jurisdiction will als play a part in grant of pre arrest bail in Pakistan.
Conditions of Pre-Arrest/Anticipatory Bail (Grant of) Law and Procedure in Pakistan
The Court of competent jurisdiction may include such conditions in the light of the facts of the particular case, as it may think fit, including:
- a condition that the person shall make himself available for interrogation by the police officer as and when required;
- a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;
- a condition that the person shall not leave the country without the previous permission of the court.
- a condition that an X amount of money/monetary asset may be deposited with the court.
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