Legal Question in Appeals and Writs in Pakistan

Tell me, what is the nature of a non bailable offense, I mean we see in our daily routine that a person arrested on a non-bailable charge still granted bail by the law court. For example 489F of P.P.C is a non-bailable offense but many persons are granted leave by higher as well as lower courts. On which ground such a non bailable offense is changed into bailable. Moreover please tell me can a civil magistrate grant bail on the offense of 489F?


Asked on 2/11/11, 10:12 am

1 Answer from Attorneys

In bailable matter the accused can claim the bail as a matter of right. Even there is no need of application for bail.The concern magistrate should accept the surety bail bond andrelaese the accused forthwith.

In non bailable offences accused can not claim it as matter of right. It is the court which decides the bail according to the nature of offence, max punishment, recovery from accused etc.

Civil Judge can not take the bail.

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Answered on 2/11/11, 11:08 am


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