Explanation of Section 498-A of the Criminal Procedure Code (CrPC), 1898 (as applied in Pakistan)

Section 498-A of the Criminal Procedure Code (CrPC), 1898, deals with the circumstances under which bail may be granted, specifically addressing cases where a person is not yet in custody or where there is no formal case registered against them at the time of the application for bail.

Text of Section 498-A CrPC:

"No bail to be granted to a person not in custody, in Court or against whom no case is registered, etc.: Nothing in Section 497, or Section 498 shall be deemed to require or authorise a Court to release on bail, or to direct to be admitted to bail, any person who is not in custody or is not present in Court or against whom no case stands registered for the time being, and an order for the release of a person on bail, or a direction that a person be admitted to bail, shall be effective only in respect of the case that so stands registered against him and is specified in the order or direction."

Key Provisions of Section 498-A:

1. Application for Bail Requires Custody:

   • Section 498-A clarifies that bail cannot be granted to a person who is not in custody, or is not present in Court at the time of the application.
     • This means that a person who is not arrested and is not physically in the custody of the law at the time of the application for bail, cannot be granted bail by the court.
     • Example: If someone has not been arrested but is being summoned by the court to face charges, they are not entitled to bail under Section 498-A until they are formally taken into custody or appear in court.

2. Bail Only in Cases with Registered FIR:

   • The section further specifies that bail can only be granted in respect of a registered case (i.e., First Information Report (FIR)). If there is no case registered against a person, bail cannot be directed or granted.
     • In simple terms, a person must be facing charges in a valid, registered case in order to be eligible for bail.
     • Example: If a person has been accused but no formal complaint or FIR has been filed against them, they cannot seek bail under this section until a case is formally registered.

3. Bail Effective Only for Registered Case:

   • A bail order or direction that the person be granted bail will be specific to the case registered against them. The bail order applies only to the particular charges that the accused is facing and specified in the order or direction. If a new case is registered against the same person later, the bail order will not apply to that new case.
     • Example: If a person is granted bail in a case for theft, and later another case is registered against the same person for a different offence (e.g., assault), the bail granted in the earlier case will not apply to the new case unless the court specifically grants bail for the new offence.

4. No Bail for Absentee or Non-Custodial Accused:

   • Section 498-A reinforces the principle that bail cannot be granted to a person who is not present in Court at the time of the application and not in custody.
     • Example: If someone has absconded or is outside the jurisdiction of the court, they cannot seek bail until they are arrested or present in court for the case at hand.

Why This Provision Exists:

The purpose of Section 498-A is to clarify certain legal limits and ensure that the process of granting bail is only applicable to those who are formally involved in the legal process, either through custody or court appearance, and who are facing charges in a registered case. This provision helps avoid situations where individuals could seek bail without having been arrested or formally charged with a criminal offence.

Illustrative Scenarios:

1. No Case Registered:

   • Suppose someone is accused of a crime, but no FIR has been filed against them. They cannot apply for bail under Section 498-A because there is no registered case at that point.

2. Accused is Not in Custody:

   • If a person has been accused of a crime and is out on bail or not arrested yet, they cannot apply for bail under Section 498-A. The person must be in police custody or present in court to be eligible for bail.

3. Accused in Custody:

   • If an accused person has been arrested and is in police custody, or if they are physically present in court, they can apply for bail under Section 498-A, as the provision assumes that the individual is formally part of the judicial process.

4. Bail in a Specific Case:

   • If an individual faces multiple charges across different cases (e.g., one for robbery and another for assault), and they are granted bail in the robbery case, the bail order will apply only to the robbery case. If the accused is later charged in a separate case (e.g., assault), they would need to apply for bail again for that specific charge.

Summary:

In Pakistan, under Section 498-A CrPC, a person cannot be granted bail unless they are:

1. In custody or present in court at the time of the bail application.
2. Facing charges in a registered case (with an FIR filed).
3. The bail granted will apply only to the specific case against the accused.

This section ensures that the bail process is applied properly to those who have been formally arrested, charged, and whose cases are registered with the police. It also clarifies that bail is not applicable to unregistered cases or absentee accused who are not present in the court. This legal framework helps avoid misuse of the bail system and ensures that bail is only granted in properly documented and registered cases.