Post-arrest bail

2026 PCrLJ 196 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 497Post-arrest bailDeeper appreciation of evidenceScope

Deeper appreciation of evidence is not permissible at the bail stage.

2024 PCrLJ 658 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss. 19(3), 23, 32, Third Sched., Entry No.4, Serial No. (iii)Criminal Procedure Code (V of 1898), Ss. 497, 526, 528Penal Code (XLV of 1860), Ss. 324, 109, 148 & 149Pakistan Arms Ordinance (XX of 1965), S. 13(2a)Firing in Court premisesPost-arrest bailJurisdictionTransfer of case from a Court of ordinary jurisdiction to Anti-Terrorism CourtScope

During proceedings of the case, it was observed that place of occurrence in the present case was a court premises and injury had been caused by firing

Entry-4 of the Third Schedule of the Anti-Terrorism Act, 1997 clearly indicated that offences mentioned thereunder were exclusively triable by the Anti-Terrorism Court

Under said entry at Serial No. iii, offence of firing in the court premises was mentioned, therefore, despite the offence being result of personal vendetta where offence of terrorism was not attracted, it shall be triable by the Anti-Terrorism Court

Challan of present case had been put before the Court of Magistrate who though did not have jurisdiction but commenced the trial and entertained the bail petition as well

Counsel for the accused-petitioner submitted that he would not press the petition provided the case be transferred to Anti-Terrorism Court, so that he could move the bail petition before such Court

Though by virtue of S. 32 of Anti-Terrorism Act, 1997, an Anti-Terrorism Court is deemed to be a Court of Sessions but as the case was entrusted to the Magistrate by the Sessions Judge under S. 17 of Cr.P.C. and was also empowered to withdraw a case from the Court of Magistrate under S. 528 of Cr.P.C, therefore, Magistrate shall stay the proceedings and will submit case, with a brief report explaining its nature, to the Sessions Judge for onward transmission to the Anti-terrorism Court for its opinion

An Anti-Terrorism Court for that purpose was deemed as Magistrate authorized under S. 190, Cr.P.C. which gave powers to take cognizance of an offence on police report, private complaint and upon his own information

On taking cognizance by the Anti-Terrorism Court, it could decide the jurisdiction either to assume it under S. 19(3) of Anti-Terrorism Act, 1997, or take action under S. 23 of the said Act for transfer of case back to Court of ordinary jurisdiction and thereafter concerned Court of Magistrate could recommence the trial from the stage it was stayed under S. 346, Cr.P.C.

Course for transfer of case under S. 526, Cr.P.C. was also available, if the case was being tried by a Magistrate or Court of Session

High Court under S. 526(3), Cr.P.C. is empowered to transfer the case from Court of ordinary jurisdiction to Anti-Terrorism Court

Criminal miscellaneous petition was allowed and case was transferred to the Court of Anti-Terrorism Court

Accused could move bail petition before the Anti-terrorism Court

Bail application was disposed of accordingly.

2021 PLD 903 SUPREME-COURT Judicial Precedent

S.497Post-arrest bailOffences not falling within the prohibitory clause of S.497(1), Cr.P.C (Non-prohibitory offences)Denial of post-arrest bail in non-prohibitory offences

Principles.

2021 PLD 799 SUPREME-COURT Judicial Precedent

S. 497(1)Post-arrest bailOffences not falling within prohibitory clause of S.497(1), Cr.P.C.

Principles relating to post-arrest bail in offences not falling within prohibitory clause of S.497(1), Cr.P.C. stated.

2013 PCrLJ 487 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss. 497/498Post-arrest bailPrinciplesRejection of pre-arrest bailEffect

Rejection of pre-arrest bail by itself was not a bar for the grant of post-arrest bail because considerations for grant of pre-arrest bail and for the grant of post-arrest bail were totally different.

2013 MLD 145 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 497Post arrest bailPrinciple

Post arrest cannot be refused to an accused as a measure of advance punishment.

2013 MLD 140 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 497Post-arrest bailPrinciples

In the absence of any exceptional circumstances, withholding of post-arrest bail is not the intention of law.