The Right of Bail is 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.

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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.

What does bail mean?

According to the law, Criminal Bail means the release of a person awaiting trial from jail or financed by a bond to ensure that he is brought before the legal authorities at the required time. Would the monetary value of the security also be called bail, or more precisely the bail set by the court having jurisdiction over the prisoner? Collateral may be cash, deeds granting property rights, bonds of a private person of means, or a professional or financial institution. If the surety does not appear within the stipulated time, the bond is forfeited and then the court issues a warrant for the accused.

Furthermore, The Criminal Bail procedure is defined as the release from police custody and the rescue of a person from being illegally detained by the police. However, if a person is accused of a crime until the person is required to appear in court or a police station. In addition, the court needs security and/or an acceptable guarantee for the accused to release on bail. In order to ensure the appearance of the accused to face the trial before the court or to join the investigation.

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

Are you seeking good lawyers near me?

Everyone knows that police prisons and detention cells can become dangerous in most of Pakistan. Due to which you can experience a lot of stress in this police prison and detention cell. Likewise, you need the best assistance and advice to obtain Criminal Bail from the court in order to prevent the person’s condition from getting worse. Hence, Ahmed Ali Dewan & Co. adopts a criminal bail procedure.

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