Section 497, Cr.P.C. divided non-bailable offences into two categories

  The question of bail in non-prohibitory clause was authoritatively expounded upon by the Hon’ble Supreme Court of Pakistan in case reported as Tariq Bashir and 5 others vs. The State (PLD 1995 Supreme Court 34) with following observation:-

 “It is crystal clear that in bailable offences the grant of bail is a right and not favour, whereas in non-bailable offences the grant of bail is not a right but concession/grace. Section 497, Cr.P.C. divided non-bailable offences into two categories i.e. 

(i) offences punishable with death, imprisonment of life or imprisonment for ten years; and 

(ii) offences punishable with imprisonment for less than ten years. 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 an exception. So the bail will be declined only in extraordinary and exceptional cases, for example--- 

(a) where there is likelihood of abscondence 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.”

Part of judgement

IN THE LAHORE HIGH COURT, RAWALPINDI BENCH, RAWALPINDI JUDICIAL DEPARTMENT

Crl. Misc-Post-arrest Bail

1432-B-20

2020 LHC 1635