Wasim Law Services
Post Arrest Bail
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case laws
P L D 1995 Supreme Court 34
#Ss.496 & 49’7‑‑‑Bail‑‑‑Grant of bail inbailable offence is a right while in non‑bailable offences the grant of bail is not a right butconcession/grace‑‑ Grant of bail in offences punishable withimprisonment for less than ltl years is a rule and refusal an exception
2023 S C M R 1397
2020 SCMR 1115
Guidelines for the purpose of cancellation of bail stated.
Following are the guidelines for the purpose of cancellation of bail:
(i) If the bail granting order is patently illegal, erroneous, factually incorrect and has resulted into miscarriage of justice.
(ii) That the accused has misused the concession of bail in any manner.
2021 PCrLJ 669
Appeal against acquittal—
—-Double presumption of innocence—Interference—Appeal against acquittal had distinctive features and the approach to deal with the appeal against conviction was distinguishable from appeal against acquittal, as presumption of double innocence was attached, in the latter case-Until and unless the judgment of the Trial Court was perverse, completely illegal and on perusal of evidence, no other decision could be given except that the accused was guilty or there had been complete misreading of evidence leading to miscarriage of justice, the court would not exercise jurisdiction under S. 417, Cr.P.C.
PLJ 2025 Cr.C. 418
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.
post arrest bail services
Post-arrest bail refers to the legal process through which an individual, already under arrest, seeks temporary release from police or judicial custody while the criminal trial is ongoing. In Pakistan, this process is governed by the Code of Criminal Procedure (CrPC), primarily under Sections 496 to 498.
This type of bail is often sought after the accused has been detained, either during the police investigation or following initial remand. It ensures the accused can retain their freedom while remaining answerable to the law.
Procedure to Obtain Post-Arrest Bail
The procedure for applying for bail after arrest typically involves the following steps:
1. Arrest & Custody
After the arrest, the accused is presented before a magistrate within 24 hours, as per Article 10(2) of the Constitution.
2. Filing Bail Application
A bail application is filed in the relevant trial court, usually the Sessions Court. If rejected, it can be appealed in the High Court, and subsequently the Supreme Court if necessary.
3. Legal Representation
A criminal defense lawyer prepares the bail petition, citing case law, constitutional rights, and procedural grounds.
4. Surety Bonds
The court often requires surety bonds to ensure the accused’s attendance at future hearings. The value of these bonds depends on the nature of the offence.
Who Can Apply & When to Apply
• Arrest procedure and police custody timeline (24–48 hrs) • Eligible courts: Magistrate, Sessions, High Court • Timing strategy and initial petition drafting
Court Hearing Process
• Judicial vs. Sessions vs. High Court hearings • Burden of proof, oral argument strategy • Role of “sound prima facie case” in pre-arrest bail petitions
Filing a Post-Arrest Bail Application
• Formal petition structure (§497 CrPC): Drafting tips lawsofpakistan.com +2 new.24justice.pk +2 legalinformation.asia +2 ablawfirm.org • Essential documents: FIR copy, arrest memo, medical/legal reports • Surety conditions and bond requirements
Factors Influencing Bail Grants
• Seriousness of offense • Risk of absconding, evidence tampering • Delay in trial, constitutional rights tribune.com.pk +14 tribune.com.pk +14
Grounds for Bail: Legal Principles & Case Law
Delay in trial over one year: recurring right tribune.com.pk • Cross-FIR / cross-version disputes globalvillagespace.com • Alibi claims and inconsistent witness accounts globalvillagespace.com • Genuine business/trade routine vs. criminal motive
Bailable Offences:
In these cases, the accused has a right to bail. As soon as arrest occurs, the accused can approach the police station or magistrate and obtain release by furnishing surety or bail bonds. Examples include minor theft, public nuisance, or accidental harm.
Non-Bailable Offences:
These are more serious crimes such as murder, rape, terrorism, or kidnapping. Here, bail is not a right but is granted at the discretion of the court after evaluating various factors like: Nature of the offence Strength of evidence Flight risk Influence over witnesses
Special Categories & Bail Favorability
Pakistani courts generally show leniency in granting bail under special circumstances:
Women – Courts may consider physical and societal vulnerabilities.
Minors – Special laws protect juveniles under the Juvenile Justice System Act, 2018.
Elderly or infirm persons – Age and health often influence the decision.
Delays in investigation or trial – Prolonged detention without conclusion of trial can lead to bail on constitutional grounds.
Factors Considered by the Court
While hearing a bail application after arrest, Pakistani courts evaluate:
Prima facie case – Is there enough evidence to justify continued detention?
Nature of the accusation – Violent or non-violent?
Past criminal record
Likelihood of fleeing jurisdiction
Possibility of tampering with evidence or witnesses
In many cases, courts grant conditional bail, such as weekly appearances at the police station or travel restrictions.
Your Right to Fair Bail
Post-arrest bail in Pakistan is not a privilege; it is a legal right for bailable offences and a matter of judicial discretion in non-bailable ones. Whether innocent or accused, every individual deserves a fair chance to defend themselves while retaining liberty.
