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bail in murder
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case laws
While Granting Pre-Arrest bail, the merits of the case can be touched.
2023 SCMR 1729
Theft — Ad – interim pre arrest bail , confirmation of — Further inquiry — Female accused — FIR was lodged after an inordinate delay of more than three months for which the complainant did not utter a single word — Co – accused of the petitioner , who was ascribed a similar role , had been granted post – arrest bail by the court of competent jurisdiction — Petitioner was a lady of advanced age — Maximum punishment provided under the statute for the offence under section 379 , P.P.C. was three years and the same did not fall within the prohibitory clause of section 497 , Cr.P.C .— Case of the petitioner squarely fell within the ambit of section 497 ( 2 ) , Cr.P.C. entitling for further inquiry into her guilt — Petition for leave to appeal was converted into appeal and allowed , and ad – interim pre – arrest bail granted to the accused was confirmed .
PLJ 2023 SC (Cr.C.) 311
420/468/ 471–Pre-arrest bail–Supplementary statement–No specific dates for commission of fraud–Co-accused granted pre-arrest bail–Principal accused granted post arrest bail–Merits of the case–Previous record of criminal cases–Wider net–Confirmation of–The complainant is the CEO of one (Pvt) Ltd where spare parts of motorcycle are manufactured and its scrap is sold to the scrap dealers–The son of the petitioner was servant of the complainant, who had been taking scrap to get it weighed and later sold to scrap dealer–Allegedly, he used to obtain two receipts, one of full weight and the later of less weight and used to deposit the amount in factory in accordance with the receipt of less weight and thereby caused a loss of Rs. 700,00,000/- to the complainant–Complainant nominated the present petitioner and his other family members in his supplementary statement–Entire fraudulent transaction took place in a span of more than two years and no specific dates for commission of fraud have been given–Principal accused has been granted post-arrest bail by the court of competent jurisdiction–Possibility cannot be ruled out that the petitioner has been involved in the case by throwing a wider net–Confirm the ad interim pre-arrest bail granted to the petitioner.
2024 S C M R 1605
If injury has been caused below knee, then applicability of Section 324 PPC requires further probe/inquiry within the purview of sub-section 2 of Section 497 Cr.P.C., however, if injury has been caused above knee on the (naeem)leg at thigh, then situation is otherwise because femoral artery, which is major blood vessel, is located in thigh starting from groin coming to the back of knee and it supplies oxygen-rich blood to the lower parts of the body. So, femoral artery if damaged can cause lower limb ischemia leading to amputation of limb, compartment syndrome as well as death (naeem)due to severe blood loss from a major artery in the leg, hence if firearm injury has been caused at thigh, then prima facie section 324 PPC is attracted.
Bail refused.
Crl. Misc.1584/25
Nasrullah alias Nasru Vs The State etc.
Bail in Murder
Introduction
Bail in murder cases in Pakistan is a legally complex and emotionally charged issue. Given that murder (qatl-e-amd) is a non-bailable and capital offense under Pakistani law, securing bail in such cases is often considered a formidable task. However, through judicial discretion, legal strategies, and procedural safeguards, bail may still be granted in appropriate cases.
This guide provides an in-depth overview of the laws, court practices, and effective approaches involved in applying for bail in murder cases in Pakistan.
1. Legal Framework: Definition and Classification of Murder
Under Section 302 of the Pakistan Penal Code (PPC), murder is defined as the intentional killing of a human being. The punishment for murder varies based on circumstances:
Qatl-e-Amd (Intentional Murder):
Death penalty (Qisas or Ta'zir)
Life imprisonment
Diyat (blood money)
Murder is considered a non-bailable offense, meaning bail is not granted as a matter of right, but only at the discretion of the court under specific conditions.
Types of Bail in Pakistan
There are two primary types of bail under Pakistan's Code of Criminal Procedure (CrPC):
a. Pre-Arrest Bail (Section 498 CrPC)
Granted to protect an individual from arrest, especially in cases of false implication.
b. Post-Arrest Bail (Section 497 CrPC)
Requested after the accused has been detained. In murder cases, post-arrest bail is rarely granted without substantial grounds.
When Can Bail Be Cancelled in Murder Cases?
Even after bail is granted, it can be revoked under Section 497(5) CrPC if: The accused misuses the liberty of bail Threatens or harms witnesses Tries to escape or tamper with evidencet abuse of power by police or complainants. To provide the accused an opportunity to prove innocence.
Conditions for Granting Bail in Murder Cases
Although murder is non-bailable, courts may grant bail under these conditions:
Lack of direct evidence
FIR registered with unexplained delay
Contradictions in prosecution statements
Case falling under “further inquiry” (Section 497(2) CrPC)
Medical reasons
Juvenile or female accused
Delay in trial or conclusion of investigation
Defense Strategies to Secure Bail in Murder Cases
Effective legal strategies include:
Emphasizing false implication and mala fide intent
Proving lack of motive
Establishing alibi
Showing contradictions in prosecution’s narrative
Arguing delay in lodging FIR
Highlighting medical or humanitarian grounds
Legal teams may also bring in digital evidence or forensic reports to support their claims.
Special Considerations in Murder Bail Cases
a. Bail for Women and Juveniles
Courts often show leniency in the case of female and juvenile accused.
b. Medical and Humanitarian Grounds
Accused suffering from terminal illness or chronic conditions may be granted bail.
c. Compromise or Diyat Settlement
Although murder is a crime against the state, a settlement with heirs can influence bail decisions, especially in Qatl-e-Amd cases.
Challenges in Securing Bail for Murder Accused
Non-bailable nature of the offense Strong evidence from prosecution Public or media pressure Political influence Risk of absconding or witness tampering Despite these challenges, competent legal representation significantly increases the chances of bail.
Gather Strong Grounds for Bail
Murder cases may seem hopeless for bail, but courts have granted bail even in murder cases under certain conditions, such as:
Lack of direct evidence (no eyewitness or forensic proof)
Delay in lodging FIR, raising doubt on the prosecution’s story
Contradictions in statements of witnesses
Case requiring “further inquiry” under Section 497(2) CrPC
Medical grounds (e.g., if the accused is seriously ill)
False implication due to personal enmity
Compromise between parties in private complaints
Juvenile or female accused, who receive special consideration
Can Pre-Arrest Bail Be Cancelled?
Yes. The complainant or prosecution can file an application to cancel bail if: The accused misuses liberty, Tampers with evidence or threatens witnesses, Violates bail conditions, Fails to appear in court.
Can a person accused of murder get bail in Pakistan?
Yes, under limited but clearly defined legal circumstances, courts can grant bail.
Bail in Murder Case Is Possible With the Right Legal Strategy
While securing bail in a murder case in Pakistan is difficult due to its non-bailable nature, it is not impossible. Courts rely on facts, legal grounds, and judicial precedents when deciding bail. A strong legal team, timely action, and proper documentation can significantly improve your chances..
