Bail Before Arrest
Why is Before Arrest Bail important?
The Pakistani law refers to the Pre-Arrest bail in section 498 of Criminal reference in the penal code.
The bail is also known as anticipatory bail since it is a legal relief in anticipation of a possible arrest. The right of pre-arrest bail is rare and obtaining it is very difficult. It is very limited and is granted in very strong and exceptionally moving circumstances. The circumstances should clearly represent enmity and must meet the criteria set by the law.
The section in law states that the High Court has the authority to grant pre-arrest bail to the accused individual in cases of exceptional nature. The power of the court should only be exercised according to rules and guidelines set down by the superior courts.
How to File the petition for pre arrest bail in Pakistan?
The course of the petition for a pre-arrest bail is filed in the session court. It can also be filed in the high court along with a clear responsible explanation. For the pre-arrest bail, the petitioner is required to seek the help of the police. The police will help them in the investigation of the case and conditions. The argument can be passed in the court. The court will hear the argument and upon that it will be decided whether confirm the bail or reject it.
Importance of pre-arrest bail
The pre-arrest bail if granted helps the accused in protecting honour and respect. The accused can be later proven innocent but the course of the trial can harm the dignity and respect of the individual. The damage is irreparable. The pre-arrest bail saves the accused from serving any jail time unless proven guilty of the crime he is accused for.
Conditions to meet
The Supreme Court has set some rules to be followed in order to grant pre-arrest bail. If the conditions are fulfilled, only then the pre-arrest bail can be achieved. The conditions to be met are as follows:
• The arrest is made for ulterior motives such as causing humiliation and unjustified harassment.
• The prosecution is motivated to cause irreparable injury to the reputation and liberty of the accused.
• The police are motivated by some political considerations.
• The heinousness of the offence by itself is not sufficient for refusal of the bail.
The main conditions before the courts of law can grant a pre-arrest bail to the accused are discussed below.
There should be a genuine proof of apprehension of imminent arrest. The Petitioner of the pre-arrest bail should physically present himself in the court to surrender. The apprehension of harassment and irreparable humiliation by unjustified arrest is looked into by the court. The case should be a fit one based on merits.
Q. Why is pre-arrest bail difficult to get?
It involves a lot of considerations to be viewed before granting it. For example, physically surrendering and proof of apprehension.
Q. Can one get a pre-arrest bail on a non bailable offence?
Yes. Age, gender and health is taken into consideration before granting a pre-arrest bail for non bailable offences.