Bail in Offences That Do Not Fall Within the Prohibitory Clause of Section 497 (1), Cr.P.C.

 Understanding Bail in Offences Not Covered by Section 497(1) of the Cr.P.C.

The Supreme Court of Pakistan held in 2023 SCMR 1182 that the grant of bail in offences that do not fall within the prohibitory clause of section 497 (1), Cr.P.C., is a matter of discretion and not of right. In such cases, there are three exceptions in which bail can be refused, namely:

* **Likelihood of absconding to escape trial:** The accused is likely to flee the country or hide in another state to avoid facing trial.

* **Likelihood of tampering with the prosecution evidence:** The accused is likely to destroy, hide, or fabricate evidence to prevent the prosecution from presenting a strong case against them.

* **Likelihood of repeating the offence:** The accused has a history of committing similar offenses or is likely to commit another similar offense if released on bail.

The Court emphasized that even though bail is generally granted in these cases, it is not an automatic right. The court must weigh the factors in each case and determine whether the accused poses a risk of absconding, tampering with evidence, or committing a repeat offense. If the court finds that the accused meets any of these three exceptions, bail can be refused.

In addition to the above, the court also considered the following factors in determining whether to grant bail:

• The nature and severity of the offence
• The character and antecedents of the accused
• The circumstances of the arrest
• The availability of alternative measures to ensure the accused's appearance in court

The court concluded that the decision of whether to grant bail is a complex one that must be made on a case-by-case basis. There is no single rule that can be applied to all cases.