A Bail means the security, which court requires for release, of an accused. The Bail philosophy is to release the accused from the custody of law enforcing agencies into the custody of sureties. It is, in fact, transfer of accused from judicial custody to sureties with this condition that sureties will remain bound for future appearance of the accused in court whenever accused appearance will be required. This is an interim order which can be withdrawn by the court at any stage according to the circumstances. The relevant provisions of Bail are sections 496, 497 and 498 Criminal Procedure Code, 1989.
Criminal Pre-Arrest Bail/Bail Before Arrest
This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a bailable or non-bailable offence. The Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested. If any person apprehends that there is a move to get him arrested on false or trump up charges, or due to enmity with someone, or he fears that a fake or false case is likely to be filed against him, he has right to move the court of sessions, the High Court or another court of competent jurisdiction under the code of criminal procedure can grant bail before arrest, in a case where court feels perhaps accused has falsely involved in case and he is likely to suffer irreparable injury to his dignity, honor, or reputation by his arrest. Our professional team helps in filing Anticipatory Bail, grant and opposition for our valued clients in all courts of Pakistan and we have remarkable records of success in the criminal matters of Bail.
(i)Criminal Protective Bail
The protective bail is granted under section 498 of the Criminal Procedure Code, 1898 to enable a person to approach the concerned court of law for the purpose of obtaining pre-arrest bail without touching its merits. We at Javed Qazi & Co. law Firm professionally deals with the matters related to criminal bails and criminal appeals.
(ii)Direct approach to High Court
Superior courts can entertain application for pre-arrest bail and can grant relief to accused in appropriate cases where accused could inter alia, established that he was prevented from approaching lower court concern.
Criminal After-Arrest Bail
Bail after Arrest / Post Arrest Bail. It is a bail which is granted to the accused person, after his arrest, both in bailable and non-bailable offence. When the accused has been arrested by the law enforcing agency, bail may be generated to him under section 497 of Criminal Procedure Code, 1989.
Bail After Conviction
This bail is granted after the conviction of accused, the appeal has been accepted for hearing and the court observes that there are grounds for the release of the accused, therefore, it accepts the bail petition and allows bail also under section 426 of Criminal Procedure Code, 1908.
Trial of the Case
A court trial, also called a bench trial or a jury trial, is when all the facts of a case are heard, and a judge or jury makes the final decision about the court case. An offender can waive his rights to a jury trial and just have the judge make the ruling in a bench trial. At the trial, both sides will give their opening statements. The opening statements will state why the state feels the offender is guilty and why the offender feels they are innocent. After the opening statements, the evidence will be presented and witnesses can be called and asked questions. Each party can then give rebuttals to the evidence or the witness statements.
Once the rebuttals are done, both sides give their closing statements. The judge or the jury then takes all the information presented and makes a ruling. The judge or jury gives its ruling (or verdict), the judge will sentence the offender. During each part of the court process, there are rules that need to be followed during a court trial.
Registration Of FIR
The First Information Report under section 154 Criminal Procedure Code, 1908 is an account of a cognizable (i.e. over which police has jurisdiction) offence that is entered in a particular format in a register at the police station. The FIR sets the law in motion and give right to the police to investigate a cognizable offence. The Section 154 of criminal procedure code lays down procedure for registration of information regarding the commission of cognizable offence and it also indeed gives mandatory directions for registration of the case as per the procedure. Every person has a right to report any matter at the concerned police station and have a case registered in the form of an FIR. It is the initial process where an individual starts up the legal procedure of commission of a cognizable offence.
We as a law Firm do our best to make our valued clients fully satisfied that their interests with Javed Qazi & Co. Law Firm are well protected. We assigned the duties to our professionals accordingly who concentrate their practices in “preferred” areas of law where clients are referred to our firm. Our competent legal practitioners provide the prompt, efficient, and personalized service that we feel our clients deserve. As a valued client of Javed Qazi & Co. Law Firm you will feel confident in knowing that a professional legal team is working diligently with your best interests in mind. Also, you will feel secure in knowing that at all times a qualified member is available to assist you and promptly respond to your legal needs – in a friendly and caring way.