The Concept of Bail in Pakistani Legal System A Legal Analysis

Abstract

This paper focuses on the concept of the bail in Pakistani legal system. The concept of Bail is not innovative. The Bail has the essential philosophy behind it. This philosophy says that the person who is accused must be free from the hand of the agency that is law enforcing and such person must give into the hand of the sureties. This is assumed an interim order which can be solitary by the court at any stage in accordance with condition. Liberty of the person is assumed to be important fundamental right, and such right has been in the constitution of Pakistan. This is the established law principle that no person can be assumed guilty until such person is proved guilty. This article argues that the law must be ensured to bail and it should not be favor to refuse the bail expect in some exceptional cases transpire to the contrary. The Bail belongs straight to the freedom. If bail is not offered, it means there is preparation of physical and mental torture to the accused person in duration of his trial. It shall remain uncompensated if he is found innocent and is acquitted at the result of the trail. The code of criminal procedure has provisions that explain the fact of the grant of bail and does not refuse of it and it is the scheme of law. This scheme is overcome in the most extreme and extraneous circumstances for the purpose to avoid infringement of law.