Law: Criminal Procedure Code (V of 1898)

Section: 499,514

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 499, 514---Bail, grant of---Conditions imposed on accused for grant of bail---Principles---In order to ensure future attendance, the accused is required to submit bail bond under section 499 of the Code of Criminal Procedure, 1898 (the Code) and while asking the accused to submit sureties, the Court is not required to impose any condition upon the accused for further depositing of money---In case of default or non-appearance in Court, the Court may proceed to forfeit such bail bond under section 514 of the Code---When the Court comes to a conclusion that an accused is entitled to be released on bail then of course such bail granting order cannot be subjected to riders and conditions---While admitting to an accused person on bail, actually he is released from the custody of the authorized officer/judicial lockup of the Court and his custody is entrusted to a person known as his surety, who is bound to produce him in Court at a specific time and place to answer the charge against him---Even no condition can be imposed upon an accused person in order to desist him from the repetition of the offence. Mian Mahmud Ali Qasuri and others v. The State PLD 1963 SC 478; Faizur Rahman Sarkar v. The State and 2 others 1970 SCMR 175; Mst. Afshan Bibi v. The State 1998 SCMR 6; Saeed Zaman v. The State and another 2020 SCMR 1855; Jehanzeb Khan v. The State through A.G. Khyber Pakhtunkhwa and others 2020 SCMR 1268 and Maqbool Ahmed Mahessar and others v. National Accountability Bureau (NAB) through Chairman and others 2021 SCMR 1166 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 499---Bail, grant of---Conditions imposed on accused for grant of bail---Principles. (i) In terms of section 499 of the Criminal Procedure Code, 1898, the Court cannot require an undertaking from an accused person before granting bail to desist from the repetition of the offence with which he is charged, as a condition precedent to the grant of bail; such a condition cannot be incorporated in a bail or surety bond itself; (ii) When bail is granted to an accused not as a mean of enforcing recovery of fine, but on its own merits, the same could…

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