Powers and Practices of Courts An Analysis of Granting Bail in Pakistan
DOI:
https://doi.org/10.47205/jdss.2022(3-III)21Keywords:
Bail, Courts, Criminal Justice, Discretion, Pakistani LawAbstract
The procedure of law in order to decide the bail applications either prearrest or post arrest is well defined during the last decade by many judges of high court and Supreme Court. And one of the settled rules is that the court needs to make tentative assessment of available facts and story of FIR at the bail stage rather than the deeper assessment. In criminal justice system it is the need of time to review the law related to the surety bond because bail does not mean that the court of law will not fulfill the remaining procedure. Bail in the matter of prearrest is the discretion of the court and bail in the matter of post arrest is matter of right rather than discretion. In this context, this paper analyses powers and practices of Courts for granting Bail in Pakistan. It argues that Courts in Pakistan has discretionary powers in some cases for granting Bail. However, such exercise should be done in a prescribed manner and in due course.
Downloads
Published
Details
-
Abstract Views: 188
PDF Downloads: 778
How to Cite
Issue
Section
License
Copyright (c) 2022 Journal of Development and Social Sciences
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
ORIENTS SOCIAL RESEARCH CONSULTANCY (OSRC) & Journal of Development and Social Sciences (JDSS) adheres to Creative Commons Attribution-Non Commercial 4.0 International License. The authors submitting and publishing in JDSS agree to the copyright policy under creative common license 4.0 (Attribution-Non Commercial 4.0 International license). Under this license, the authors published in JDSS retain the copyright including publishing rights of their scholarly work and agree to let others remix, tweak, and build upon their work non-commercially. All other authors using the content of JDSS are required to cite author(s) and publisher in their work. Therefore, ORIENTS SOCIAL RESEARCH CONSULTANCY (OSRC) & Journal of Development and Social Sciences (JDSS) follow an Open Access Policy for copyright and licensing.