Understanding the Essential Grounds for Bail
A Comprehensive Guide
Grounds of bail: Following are the circumstances under which Court can grant bail:
1. As a right in bail-able offences:
2. Weaker:
3. Woman:
4. Minor:
5. Infirm:
6. Long proceedings:
7. Petty offences:
8. Bail-able offences:
9. Innocence of accused:
10. Fair trial:
11. Delay in lodging First Information Report:
12. Delay in trial:
13. Diyat cases:
14. Compound-able offences:
Conditions of bail: Following are the conditions on which bail is granted:
1. Bond:
2. Surety:
3. Appearance:
4. Remaining peaceful:
Concurrent sentence: It is punishment, which runs alongwith other punishments. If an offender is awarded punishment for five years and in other offence he is awarded four years sentence, both sentences shall be end after five years on the base of concurrence.
Consecutive sentence: It is punishment, which runs after completion of another punishment. If an offender is awarded five punishments in one offence and two years in another offence, it shall complete upon seven years.
Classes of Criminal Courts: There are two classes of criminal Courts under Code of Criminal Procedure namely:
1. Courts of Sessions.
2. Courts of Magistrates.
There are following the classes of Magistrates:
1. Judicial Magistrates:
a) Magistrate of the first class.
b) Magistrate of the second class.
c) Magistrate of the third class.
d) Special judicial Magistrate.
2. Executive Magistrates:
a) District Magistrate.
b) Additional District Magistrate.
c) Sub-Divisional Magistrate.
d) Special Executive Magistrate.
e) Magistrate of the First Class.
f) Magistrate of the Second Class.
g) Magistrate of the Third Class.
This is not the entire hierarchy of the criminal Courts. There are other criminal Courts constituted under different law applicable in Pakistan such as Drug Courts, Custom Courts, LDA Courts, Army Courts, Banking Courts etc.
Code of Criminal Procedure is applicable in such types of Courts.
Authority of Magistrates: There are certain classes of Magistrates with different powers such as:
Classes of Magistrates Authority
Magistrate of First Class
Imprisonment upto three years including solitary confinement as authorized by law.
Fine upto rupees fifteen thousand.
Magistrate of First Class with powers of
Section 30 of Code of Criminal Procedure
Powers to try all the offences not punishable with death.
Imprisonment more than seven years.
Magistrate of Second Class
Imprisonment upto one year including solitary confinement as authorized by law.
Fine upto rupees five thousand.
Magistrate of Third Class Imprisonment upto one month.
Fine upto rupees fifty.