Is anticipatory bail possible in Pakistan?
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Is anticipatory bail possible in Pakistan? I was invited to address a meeting of the All Pakistan Lawyers Association (APLA) in Karachi on February 27, 2021. The main topic was “Is anticipatory bail possible in Pakistan?”. My main message was: “Anticipatory bail is not possible in Pakistan, under any circumstances. This is the settled law of the land.” And as usual, I tried to write from a first-person perspective. Keep it conversational, human, and without definitions,
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Yes, anticipatory bail is possible in Pakistan. Anticipatory bail is an emergency measure, used to prevent injustice or wrongful action against an individual before the final judgment of the court. In anticipatory bail, the court grants an accused relief from the trial proceedings, while the trial is still pending, on the basis of an arrest warrant. more tips here In short, anticipatory bail enables the police to arrest an accused and hold him/her in custody pending the final judgment in the court proceedings, where the accused can later plead for anticip
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Anticipatory Bail is not possible in Pakistan, but it is an option available in some foreign countries. In some instances, such as murder or terrorism charges, bail is granted based on the presence of witnesses or evidence of a crime. The judges in Pakistan will only grant anticipatory bail in special cases like to protect national interest. The judges will consider the facts of the case, and it will be an individual decision. I do not advocate for the use of anticipatory bail in Pakistan, but the court’s decision will be based
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“Although the ‘Anticipatory Bail’ (AB) is a constitutional safeguard of a judiciary which can be used to prevent a judge from becoming a victim of the political power, the current government of Pakistan is implementing policies aimed at rendering it meaningless. The AB is being increasingly denied by the judges. On 21-22 May 2014, the Supreme Court in Karachi declined to grant the bail to a man arrested in Karachi for allegedly killing his daughter’s lover in Dubai.
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Anticipatory bail is a process by which the prosecution can obtain a provisional order to release an accused person from custody on the basis that there is an imminent likelihood that the accused may abscond or commit a criminal offence. The court, however, may suspend the anticipatory bail and proceed with the trial once the accused is apprehended. In Pakistan, there is no provision for anticipatory bail, and the accused must be booked under the relevant law before a court can issue an anticipatory bail order. In
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In Pakistani culture, there is no concept of ‘anticipatory bail’. The law does not provide an early release from custody before a trial is complete. In a ‘no-case-to-prosecute’ case, a person, known as an ‘anticipatory accused’, is entitled to a bail at the discretion of the court. To apply for an anticipatory bail, the accused has to demonstrate that he has good reason to suspect an imminent arrest. I hope you got the point. Keep it simple and natural