Provision of law is that in non-bailable offences falling in the second category

 The Hon’ble Apex Court while dilating upon the exceptional circumstances defined them in case reported as Tariq Bashir and five others v. The State (NLR 1995 Criminal 1) as under:-

“The principle to be deduced from this provision of law is that in non-bailable offences falling in the second category (punishable with imprisonment for less than ten years) the grant of bail is a rule and refusal is an exception. So the bail will be declined only in extra-ordinary and exceptional cases, for example---

(a) where there is likelihood of absconding of the accused;

(b) where there is apprehension of the accused tampering with the prosecution evidence;

(c) where there is danger of the offence being repeated if the accused is released on bail; and

(d) where the accused is a previous convict.”

Used in Judgment of
LAHORE HIGH COURT, LAHORE JUDICIAL DEPARTMENT
Crl. Misc-Post-arrest Bail
462-B-20

2020 LHC 895