After Arrest Bail
A bail can be granted to the accused person, after his arrest, both in bailable and non-bailable offence. When the accused has been arrested by a law enforcing agency and the court feels that there is no need of detention of the person in jail and he is likely to suffer irreparable injury to his dignity, honor, or reputation by his arrest. The concerned trial court grants Post Arrest Bail after fulfilling the following conditions:
- That the person shall make himself available for interrogation by the police officer as and when required;
- That the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;
- That the person shall not leave the country without prior permission of the court.
- That the person submits the surety bonds for the satisfaction of the court till the final disposal of the case.
There are essential ingredients for Post Arrest Bail:
i. Prohibitory Clause
According to Section 497 of the Criminal Procedure Code, a post-arrest bail cannot be granted when there exist reasonable grounds for believing that the accused has been guilty of that offence, which is punishable with death or imprisonment for life or imprisonment for ten years. The pre-condition or essential ingredient for confirmation of post-arrest bail is that the alleged offence should not fall within prohibitory clause of Section 497 of the Criminal Procedure Code.
ii. No Reasonable Ground for Commission of Non-bailable offence
Another pre-condition or essential ingredient for confirmation of post-arrest bail is that there should be no reasonable grounds for believing that the accused has committed non-bailable offence.
iii. Sufficient grounds for further Inquiry
For confirmation of post-arrest bail, there should also be sufficient grounds for further inquiry into the guilt of the accused.
iv. Bail Bond
Post-arrest bail can be confirmed when the accused is ready to submit bail bond in the prescribed manner under Criminal Procedure Code.
Hyder Shar Law Associates provides its services for filing Bail and opposition for our valued clients in all courts of Law and has a track record of excellent results.
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