Bail in Pakistan is governed mainly by the Code of Criminal Procedure, 1898 (CrPC). It allows an accused person to remain free while the case is being investigated or tried, usually on furnishing surety bonds. There are two main types.
1. Pre-arrest bail (Section 498 CrPC). This is sought before arrest, when a person fears being arrested in a case they believe is false or malicious. The application is filed before the Sessions Court or High Court. If the court grants interim bail, it later confirms or recalls it after hearing both sides.
2. Post-arrest bail (Sections 497 and 498 CrPC). This is sought after arrest. The accused first applies to the Magistrate or Sessions Court, and if refused, may approach the High Court.
Bailable and non-bailable offences. In bailable offences, bail is generally a matter of right. In non-bailable offences, the court decides at its discretion, looking at whether there are reasonable grounds to believe the accused committed the offence, the seriousness of the charge, the risk of absconding or tampering with evidence, and the stage of the case.
What courts usually require. Surety bonds, a personal bond, and sometimes the surrender of the passport or a promise to appear on every date.
Key points
Bail is not a finding of innocence. It only allows liberty until trial.
Missing a hearing can lead to cancellation of bail.
Pre-arrest bail is not meant to be used to avoid lawful investigation.
