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How Bail is Granted I Grounds and Procedure of Bail I Documents to Attach with Bail Petition

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Qanoondan

Qanoondan

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Law of Bail under Criminal Procedure Code explained by Syed Farhad Ali Shah (Expert Criminal Law). Lecture encompasses concept and process of Bail in Bailable offences under section 496 Cr.PC, Bail in Non-bailable offences under Section 497 Cr.PC and Pre-Arrest Bail Under Section Section 498 Cr.PC it also contains the grounds and complete process of Bail in Non-Bailable Offences and Important Case Laws on the topic and details of Documents to Attach with Bail Petition.
A Court considering a bail application has to tentatively look to the facts and circumstances of the case and once it comes to the conclusion that no reasonable ground exists for believing that the accused has committed a non-bailable offence, it has the discretion to release the accused on bail. In Order to ascertain whether reasonable grounds exist or not, the Court, should not probe into the merits of the case, but restrict itself to the material placed before it by the prosecution to see whether some tangible evidence is available against the accused which if left, unrebutted, may lead to inference of guilt. Mere accusation of non-bailable offence would not be sufficient to disentitle an accused from being bailed out. There should be reasonable grounds as distinguished from mere allegation of suspicion. However, strong the suspicion may be, it would not take the place of reasonable ground. The words “reasonable grounds” are words of higher import and significance than the word “suspicion”. It is for the prosecution to show reasonable grounds to believe that the accused has committed the crime. If the Court is not satisfied with the material placed before it that there exist reasonable grounds to believe that the accused is guilty, then the Court has the discretion to grant bail.
F.I.R. in which accused were specifically named was lodged very promptly-Counsel for accused could not point out any solid material on the basis of which it could be held that accused had been named in the F.I.R. due to the mala fide of the police or the complainant-In absence of such mala fides, pre-arrest bail could not be granted to accused-All the eye-witnesses had supported the prosecution case during the investigation-Accused though were found innocent by the police and their names were placed in column No.2, but no solid material had been , pointed out on the basis of which accused were found innocent-Even otherwise. opinion of the police was not binding upon the courts-Accused remained fugitive from law for considerable period and after adopting all the legal formalities, accused were declared absconders-Long ABSCONDANCE of accused, could be used against them as additional evidence and fugitive from law would lose some of their normal rights-Accused having not been found entitled to the extraordinary relief of pre-arrest bail, their bail application was dismissed. 2008 YLR 16 LAHORE-HIGH-COURT-LAHORE
Bail in bailable offences: Remand on failure to furnish surety/bailbond. Held, where remanding the accused to jail on his failure to furnish surety/bail bond the trial Court should consider the propriety of his release on execution of his personal bond and not only on the first order of Judicial remand but also each subsequent order must show that the Court had really considered the propriety of his release on personal bond. PLD 1995 SC 34,Tariq Bashir etc. Under trial Prisoners, accused of bailable offences; petty offences and offences punishable with less than 10 years should not unnecessarily be detained in jail, and they should have clothes and food privately provided to them. PLD 1995 SC 34, Tariq Bashir etc.
#Qanoondan #LegalGuidance #CourtingTheLaw #CriminalProcedureCode #Law_of_Bail #PreArrestBail #PostArrestBail #BailableCases #Non_bailableCases #Protective #Bail

Пікірлер: 21
@attiyaillyas3714
@attiyaillyas3714 2 жыл бұрын
Awareness raising is a social duty ,I personally appreciate this effort well done sir keep it up .
@yameenalikhoso3530
@yameenalikhoso3530 Жыл бұрын
JazakAllah sir. Thank u for sharing the valuable information ... Regards yameen Ali khosa AHC Sukkur..
@sikandarbhojani23
@sikandarbhojani23 4 жыл бұрын
The best lecture by Qanoondan.
@karakuramtimes3549
@karakuramtimes3549 2 жыл бұрын
Protective bail
@hatifmian
@hatifmian 3 жыл бұрын
Well done sir. Really informative
@shabbihhassan1894
@shabbihhassan1894 2 жыл бұрын
Excellent effort.
@faisalpak9024
@faisalpak9024 5 жыл бұрын
mashallah bht zabrdast shah sahab👏🏻👏🏻👌🏻👌🏻👏🏻 shah sahab youtube pe ap apna chanal banao sir jis ma ap law k baray mai or detail mai batao hum youngsters ko sir respected shah sahab. bht alla informative video
@munirahmed2225
@munirahmed2225 5 жыл бұрын
Great sir
@mujahidhadool7177
@mujahidhadool7177 5 ай бұрын
❤❤❤❤❤
@kiranrana579
@kiranrana579 4 жыл бұрын
Mashallah good video uploading is this
@SohailAhmed-yy4lj
@SohailAhmed-yy4lj 3 жыл бұрын
Very nice
@barristermubeenjafferbhatt1270
@barristermubeenjafferbhatt1270 4 жыл бұрын
Nice #mjbonline
@karakuramtimes3549
@karakuramtimes3549 2 жыл бұрын
Bailable offence Tariq bashir vs the state Pre arrest bail Non bailable offence
@nadirrashdi
@nadirrashdi 3 жыл бұрын
Plz sir record lectures on practical procedure of court for bail etc...thanx
@nadirrashdi
@nadirrashdi 3 жыл бұрын
Nice
@GudvideosGvc514
@GudvideosGvc514 2 жыл бұрын
agar ik bunday ki distict court ma bail dismisss ho aur woh high court se confirmed bail lay lay aur trial os ka district court ma chal raha ho too agar distiict judge saza sunaata too high court ki bail ka kiya hoo ga????????
@irfanafridi7168
@irfanafridi7168 2 жыл бұрын
Statutory period se kia muraad hy?
@user-du4zw1vf9u
@user-du4zw1vf9u Жыл бұрын
354 ma women ko arrest Karna Baky ha challan 173 court ma submit howa ha party ma compromise howa ha session court ma next date ha Kiya women ko bail karwana ho gy
@nadirrashdi
@nadirrashdi 3 жыл бұрын
Protective bail kis section k teht hum dakhil krte hain?
@samiullahkhan9434
@samiullahkhan9434 5 жыл бұрын
#LawyerAdvicePakistan
@karakuramtimes3549
@karakuramtimes3549 2 жыл бұрын
Ground for bail Juvenile women sick person women corrupt women has right of bail Documents for bail Certified copy of fir Certified wakalatnama Arshad mehmood court Pre arrest bail
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