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Is bail a Constitutional Right?

The human rights to liberty and security are enshrined in the Universal Declaration of Human Rights (UDHR). Article 3 of the Universal Declaration of Human Rights states that “Everyone has the right to liberty, life, and security of the person” and Article 9 states that no one shall be subjected to arbitrary arrest or detention. will not be subject to Deportation,” he said. Our Constitution recognizes the right to life or liberty as a fundamental right. Article 9 of the Constitution says “No one shall be deprived of life or liberty according to law.” In spite of all this, the question circulates in people’s minds whether the right of Criminal Bail is a constitutional right. And that’s probably because most people see their rights being violated.


This article discusses Criminal Bail law in Pakistan. The general criminal code is the Pakistan Penal Code of 1860 and the general law of criminal proceedings is contained in the 1898 Penal Code. This includes any conduct for which a complaint can be made under section 20 of the Cattle Trespass Act of 1871.

The latter is an act that the police cannot arrest without a warrant. The violation is then either bailable or non-bailable. In the former, bail is the defendant’s right, and in the latter, it is the court’s discretion to purchase the High Court, taking into account all principles of justice. If circumstances permit, pre-arrest bail and advance bail may also be granted. Guarantees of fundamental rights are subject to the Constitution Law of Pakistan.

Bail Meaning in Law:

Bond is a term used in the legal system to describe the release of a person charged with a criminal offense. When a person is arrested, they may be kept in jail until the trial date. However, if the court determines that the person does not pose a risk to flight or danger to the community, he may be released on bail.

Bond is a sum of money or property that is paid to the court to ensure that the defendant returns for trial. The amount of bail is determined by the judge and depends on several factors, including the gravity of the crime, the defendant’s criminal record, and their ties to the community.

If the defendant fails to appear at trial, the court may withhold bail or property and issue a warrant for their arrest. On the other hand, if the accused is brought before the court, the bail is returned to the person who made it, regardless of whether this person is found guilty or not.

In general, bail is an important part of the legal system, as it allows defendants to be temporarily released while they await trial, while at the same time providing them with a financial incentive to return to court.

What we do?

Bail is a fundamental component of Pakistan’s criminal justice system. Moreover, it is a right of the accused in light of settled principles. Likewise, if you are looking for an experienced criminal lawyer to handle a bail case. So you can do the same with the Supreme Court or the High Court in any city in Pakistan under the criminal bail procedure. Hence do not worry because Ahmed Ali Dewan & Co. has a team of expert Criminal Lawyers.

We better understand your feeling to know if your loved one is implicated in any criminal case. In the same way, we experienced the criminal bail application process and how to present it in the competent court. Likewise, there are different ways to apply for bail depending on the crime. On the one hand, the Company determines the best course of action for each case by specifically examining the reasons for the case.

History of Bail:

The concept of bail dates back to 399 BC when Plato tried to get Socrates released. The modern bail system originated from a set of laws dating back to the Middle Ages in England. Also, in pre-independence America, bail law was based on English law. Some colonies simply guaranteed their subjects the protection of this law. In 1776, following the adoption of the Declaration of Independence, the states that had not already done so enacted their own versions of bail laws.

Types of Bail:


There are three types of Bail in Pakistan:

  1.   Post Arrest Bail

Post-arrest or after-arrest bail facilitates to accused under section 497 of the Cr.P.C either offense is a bailable offense or non Bailable offense. If any person is arrested by law enforcement authorities, he can be released on Criminal Bail in accordance with said law.

   2.  bail before arrest / Anticipatory Bail

Pre-arrest Criminal Bail facilitates to accused and it is rare and very limited and may be extended in extraordinary and exceptional circumstances based on malice/hostility. Section 498 Cr.P.C. This section empowers to High Court or Session’s Court to consider for the accused whether he or she has falsely been implicated in the case and his/her arrest may cause irreparable losses and damage to his/her dignity, honor, or reputation.

        Method to get Pre-arrest bail:

              a.  Protective bail:

The protective Criminal Bail granted to the accused enables him/her to approach the concerned court of other provinces for the purpose of obtaining pre-arrest bail without touching its merits.

               b.  The direct approach to the High court:

Superior courts can right to entertain an application for pre-arrest Criminal Bail and can grant relief to the accused in appropriate cases where the accused could inter alia, established that he/she prevents from approaching lower court concerns.

3. Bail after Conviction

Pre-arrest Criminal Bail facilitates to accused under section 426 of the Cr.P.C. According to the law accused when after the conviction of the accused, the appeal has been accepted for hearing and the court observes that there are grounds for the release of the accused, therefore, it accepts the bail petition and allows bail.

Grounds for bail to be granted:

If bail granted in a non-bailable offense

     1.     personal animosity

Release on bail when it becomes proven that there exists personal hostility between the accused and the complainant, bail can be taken in a non-bailable offense.

     2.     Consistency Rule

Rules of consistency can become grounds for granting bail. If the same offense co-accused is released on bail in a non-bailable offense, the other co-accused / applicant can take Criminal Bail on the same grounds.

     3.     Woman & Child

If the accused / applicant is a child or woman, Criminal Bail can take in a non-bailable offense.

     4.     Infirm Person / Sick person

If the accused / applicant is an Infirm Person or he/she is sick, Criminal Bail can become granted in a non-bailable offense.

     5.     Insufficient Evidence:

When there is insufficient evidence in an alleged crime, the benefit goes to the accused, in which case bail can be taken.

     6.     Doubtful facts or Recovery

If the facts and circumstances of a criminal case of non-bailable offense are like those that such case becomes doubtful or nothing is recovered from the accused,  then bail is granted in an indisputable offense.

     7.     Delay in lodging of FIR or Trial

Bail may be granted for bailable offenses where there is a delay in registration of FIR and there is no sufficient reason for such delay and delay in tracing.


To conclude, it can be stated that Criminal Bail in case of bailable offense is a matter of right and should be granted in cases of a bailable offense. However, bail in case of a non-bailable offense is not a matter of right. Rather, it is a statutory exception, which the court may grant in exceptional circumstances where the preconditions or necessary ingredients for granting bail are present.

Cancellation of Bail:

Section 497(5) empowers courts to cancel the Criminal Bail granted to an accused person pursuant to (1) or subsection (2) of 497. If deemed necessary, instruct that person to be arrested and remanded in custody. The power to cancel bail was vested in the court rather than a police officer. Moreover, only the court that approved the bail can overturn it. Bail granted by a police officer cannot be overturned by a magistrate’s court. For a deposit to be void in such a situation, the powers of the High Court or the Court of Session must be invoked under page 497.

List of bailable and non bailable offences in Pakistan:

In Pakistan, criminal offenses are broadly divided into two categories such as bailable and non-bailable offence. Bailable offenses are those for which the accused can be released on bail, while non-bailable offenses are those for which the accused cannot be released on bail. The difference between the two is based on the severity of the crime and the potential danger the defendant poses to society.

Some examples of offenses subject to bail in Pakistan include minor traffic violations, simple assault, and theft of property less than a certain amount. For these crimes, the defendant can apply for bail and be released from custody pending trial.

On the other hand, non-bailable crimes in Pakistan include more serious crimes such as murder, rape, and terrorism-related crimes. Defendants cannot be released on bail for these crimes and must remain in police custody until the completion of the trial.

It is important to note that the classification of an offense as bailable or not bailable may differ depending on the particular circumstances of the case. In addition, the court has the power to grant bail in cases of crimes not subject to bail, if it considers it appropriate. In general, the classification of an offense as bailable or not bailable is an important factor in determining the rights of the accused and the course of the trial.

Are you seeking good lawyers?

As criminal defense attorneys, we have the knowledge, experience and skills to defend our clients against criminal charges. Our goal is to protect the rights of our clients and provide them with a fair trial. We understand that being charged with a crime can be extremely stressful and we are here to help our clients navigate through the legal process.

Our team of criminal defense attorneys has a deep understanding of the law and the criminal justice system. We have successfully defended clients against a wide range of criminal charges, including drug offenses, drunk driving, assault and theft. We work tirelessly to investigate the facts of each case, analyze the evidence, and develop a strong defense strategy.

We believe that every client deserves to have their voice heard and we work tirelessly to ensure our clients get the best possible results. We understand that every case is unique and work closely with our clients to develop a customized protection strategy that meets their needs. If you have a criminal charge, we are here to help. Contact us today to schedule a consultation and learn more about how we can help protect your rights.

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