Topic Bail in easy words

496. Bail in bailable offences

1. Offence is bailable
2. 2. Person is either arrested with warrant or detained without warrant

3. Authorities to grant bail are police officer and court because the word or is
mentioned before the phrase appears or brought
4. Prepared to give bail
5. before such custody officer or court at any stage of the trial
6. Such person shall be granted bail
7. Court may grant discharge on bond without surety
8. Exception is nothing in this section shall be deemed to affect the provisions of
section 107, subsection (4), or section 117, sub-section (3)
497. When bail may be taken in cases of non-bailable offence
1. Offence is non bailable
2. Person is either arrested with warrant or detained without warrant
3. Authorities to grant bail are police officer and court because the word or is
mentioned before the phrase appears or brought
4. Prohibitory clause is where non bailable offence is of a nature for which
punishment is death or life imprisonment or 10 years the person seeking bail shall
be refused.
5. Exception to prohibitory clause is where the offender is under 16 years of age or
women or sick person prohibitory clause is not applicable
6. Before the time bail is being granted notice to prosecution is pre-requisite
7. Court will also grant bail on following grounds except those who either by himself
or through any representative delay the trial for any reason or is previously
convicted offender for an offence punishable with death or imprisonment for life
or a person who, in the opinion of the Court, is a hardened, desperate or dangerous
criminal or involved in terrorism and shall record reason for such release
A. offence not punishable with death and accused has already served
imprisonment exceeding one year for that offence before the conclusion of trial
B. offence is punishable with death and accused has already served imprisonment
exceeding two years for that offence before the conclusion of trial
8. Court can also grant bail if from the evidence at any stage of the investigation,
inquiry or trial it is clear that person has not committed the offence but for inquiry
purpose he is so required on bond without surety and shall record reason for such
release
9. Court can also grant bail to an accused on execution of bond without surety if at
the time of conclusion of trial it so considers that person is not guilty of offence and
is under detention
10. High court or Court of Session may order for arrest of that person on bail
498. Power to direct admission to bail or reduction of bail amount
1. Bail amount must be due regards to circumstances of the case
2. Bail amount must not be excessive
3. High court or Court of Session may either it is appeal on conviction or not order
for admission of such bail
4. High court or Court of Session may order for reduction in bail amount
498-A. No bail to be granted to a person not in custody, in Court or against whom
no case is registered
499. Bond of accused and sureties
1. Bail conditioned with one or more sureties on demand by police officer or court
2. Bail with bond on demand by such police officer or court
3. Continue to attend at time and the place mentioned
4. If case so requires such person shall attend high court, Court of Session and any
other court for answering the charge
500. Discharge from custody as soon as the bond or surety is taken
1. for release of person not in jail as soon as possible by police officer or court
2. For release of person in jail court will order to in-charge of jail to release such
person
3. Release shall be affective only for such matters mentioned in the bond
501. Power to order sufficient bail when that first taken is insufficient
If, through mistake, fraud or otherwise, insufficient sureties have been accepted,
or if they afterwards become insufficient, the Court may issue a warrant of arrest
directing that the person released on bail be brought before it and may order him
to find sufficient sureties, and, on his failing so to do, may commit him to jail.
502. Discharge of sureties
1. All or any surety so furnished for bail
2. for appearance of person so on bail
3. May at any time apply to a Magistrate to discharge the bond
4. Magistrate shall issue his warrant of arrest directing that the persons so released
be brought before him
5. Magistrate shall direct the bond shall be discharged on his appearance
6. Magistrate shall call upon such person to find other sufficient sureties
7. If he fails to do so, may commit him to custody
What is protective bail? Protective bail -which is granted when a person felt in
danger of being arrested not by the court of competent jurisdiction but by another
court for e.g. a case is registered against a person in Rawalpindi and he is in Lahore
he can move a petition in LHC to grant him bail that bail would be protective interim
bail.
What is anticipatory bail? Anticipatory Bail is a kind of pre-arrest protective bail
which is granted by High court u/s 561-A Crpc in certain circumstances and for
certain period, without touching the merits of the case, to provide protection to
the accused against imminent arrest and to enable the accused to approach the
concerned /trial court for seeking bail from such concerned/trial court.