Pakistan’s Pre-Arrest Bail Law and Procedure
Pre-arrest bail is also known as anticipatory bail since it is a legal relief granted in advance of an arrest. This Bail form is more difficult to get than Post-arrest Bail because it must be secured on the most legal grounds possible because only superficial data are known and cases are still in the early stages.
Simply put, if any person suspects that a move is being made to have him arrested on false or trumped-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 a case being filed against him, he or she has the right to go to the Sessions Court, the High Court, or another court of competent jurisdiction.
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:
- Pre-arrest bail can be granted if the accused is about to be arrested for an ulterior purpose, mala fides, or false implication that is seen on the face of the record. This is common when the goal of a case/possible case is to discredit the accused.
- The crime’s magnitude and seriousness: The fact that a case is serious, such as murder or rape, does not necessarily indicate it is unbailable, according to superior courts. The seriousness of the charge should not prevent pre-arrest bail from being granted.
- As previously noted, it is a significant relief for the common man, and the law allowing for pre-arrest bail in Pakistan serves to safeguard innocent people from being victimized by the abuse of the law for ulterior objectives.
- An individual is willing and physically capable of surrendering to the Law and cooperating fully with it.
- If the accused is suffering from health difficulties and the case appears to be brought to discredit him, the court may be more indulgent.
- Whether the accused was present at the crime scene— Because the accused (petitioner) was not there at the time of the event and no overt act was attributed to him, the court in Achar Vs State 2011 YLR 1640 Sindh granted bail.
- The case is a civil matter, not a criminal one, as some have stated.
- Because the jurisdiction of competent courts in Pakistan is clearly defined by law, jurisdiction will also play a role in the issuance of pre-arrest bail in Pakistan.
Pre-Arrest/Anticipatory Bail Grant of Conditions in Pakistani Law and Procedure
In light of the facts of the case, the court of competent jurisdiction may impose such conditions as it sees 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 familiar with the facts of the case in order to dissuade him from disclosing such facts to the court or to any police officer.
- A condition that the person shall not, directly or indirectly, make any inducement, threat, or promise to any person familiar with the facts of the case in order.
- a requirement that X dollars/monetary assets be deposited with the court.
Anticipatory bail may be your first legal weapon in a court of law if you need quick legal assistance in your case. SG Advocates assists clients with both Bail Filing and Opposition in all courts, and we have a track record of great successes. For more information, please contact us (042) 37237003