Bail in Non-Bailable Offences under the Pakistan Penal Code (Criminal Procedure Code, 1898), specifically Section 497:

In Pakistan, bail provisions for non-bailable offences are covered under Section 497 of the Criminal Procedure Code (CrPC), which outlines the conditions under which bail can be granted, even for offences that are generally considered non-bailable. Below is an explanation of various circumstances under which bail may be granted in non-bailable offences according to the provisions of Section 497:

1. Where There Are No Reasonable Grounds for Believing the Accused is Guilty:

• Section 497(2): Bail may be granted as a matter of right if there are no reasonable grounds for believing that the accused is guilty of the offence, even if it is a non-bailable offence, such as one punishable by death, life imprisonment, or imprisonment for 10 years.

• Example: If the evidence presented to the court does not sufficiently support the guilt of the accused for a non-bailable offence (like murder), the accused can be granted bail on this ground.

• Interpretation: This provision allows the court to assess whether there is sufficient evidence to justify detention. If the evidence is weak or unconvincing, bail may be granted.

2. Where There Are No Sufficient Grounds for Further Inquiry:

• Section 497(2) - Further Inquiry: If there is a lack of sufficient grounds for further inquiry into the matter, the accused may be granted bail as a matter of right.

• Explanation: The phrase "further inquiry" refers to cases where the facts available suggest that the accused is either not guilty or is not guilty of the offence charged.

  • Case Reference: Ibrahim vs. Hayat Gul (1985 SCMR 382) discusses that "further inquiry" means that the facts or evidence suggest that the accused may not be guilty of the alleged crime.

• Example: If the evidence does not sufficiently establish the accused’s involvement in the crime, or if the case seems to have weak grounds, the court may release the accused on bail.

3. Where the Accused is Under the Age of 16 or is Sick or Infirm:

• Section 497(1) - Proviso 1: The court shall grant bail to an accused person who is either:

  • Under the age of 16 years.
  • Suffering from illness or is infirm.

• Matter of Right: This provision ensures that vulnerable individuals, such as minors and the sick or infirm, are not subjected to unnecessary detention.

• Example: If an accused is a minor (under 16) or is seriously ill or physically incapacitated, the court will grant bail as a matter of right.

4. Where the Accused is a Woman:

• Section 497(1) - Proviso 2: A woman accused of a non-bailable offence is entitled to bail as if the offence is bailable, regardless of the nature of the offence (even if it is punishable with death, life imprisonment, or imprisonment for 10 years), unless:

  • There are reasonable grounds to believe that the woman has committed certain serious offences, including:
    • Terrorism.
    • Financial corruption.
    • Murder.
  • In such cases, bail may not be granted.

• Section 497(1) - Proviso 3: However, the court has discretion to release the woman on bail based on the facts and circumstances of the case.

• Further Exception: If a woman has been detained for six months without a trial or charge being concluded, the court shall release her on bail.

• Example: A woman accused of an offence like embezzlement or terrorism may be denied bail if there are reasonable grounds for believing she is guilty. However, if she has been detained for six months without trial, she must be released on bail.

5. Bail on the Ground of Delay:

• For Offences Not Punishable with Death:

  • If the accused is detained for over one year without trial, they are entitled to statutory bail, even if the offence is non-bailable.

• For Offences Punishable with Death:

  • If the accused is charged with an offence punishable by death, they are entitled to bail if the trial has not been concluded within two years from the date of arrest.

• Example: If a person is accused of a serious offence (e.g., terrorism or murder) and is detained for over a year without trial, they can request bail. If the trial has not concluded within the prescribed time period (e.g., two years for death penalty cases), bail will be granted as a matter of right.

6. Bail in Case of Pending Appeal:

• Statutory Bail for Pending Appeals: An accused person can apply for bail if their appeal is still pending, under the following conditions:
  • Imprisonment for less than 3 years: The appeal remains undecided for 6 months after conviction.
  • Imprisonment for 3 to 7 years: The appeal remains undecided for 1 year after conviction.
  • Imprisonment for more than 7 years or life imprisonment: The appeal remains undecided for 2 years after conviction.
• Exceptions: If the convicted person is a hardened criminal, previously convicted for serious offences (like death or life imprisonment), or involved in terrorism, the court may deny bail even if the appeal is pending.

Summary of Conditions for Granting Bail in Non-Bailable Offences under Pakistani Law:

1. No reasonable grounds for believing guilt: Bail can be granted if there is insufficient evidence to suggest that the accused committed the crime.
2. No sufficient grounds for further inquiry: Bail can be granted if the facts suggest that the accused is not guilty or there is no need for further investigation.
3. Accused is a minor or sick: Bail is granted to those who are under 16 years of age or are sick/infirm.
4. Accused is a woman: Women are generally entitled to bail, except in serious cases such as terrorism, murder, or corruption. Bail may also be granted if she has been detained for six months without trial.
5. Bail due to delay in trial: Bail is granted after a statutory period of detention (e.g., 1 year for non-death penalty offences, 2 years for death penalty offences).
6. Bail pending appeal: If the appeal has been pending for an extended period, the accused may be granted bail, depending on the length of the sentence and the delay.

This system aims to balance the rights of the accused with the need for justice and fairness in the legal process, ensuring that detention is not prolonged unnecessarily, especially in cases where evidence is lacking, or the accused is vulnerable.