..::What is procedure of Partition of Agricultural Land?

Partition of Agricultural land.

Any joint owner of land may apply to a Revenue Officer for partition of his share in the land if–

(a)  at the date of the application the share belonging to him; or

(b)  his right to the share has been established by a decree which is still subsisting at the date; or

(c)  a written acknowledgment of that right has been executed by all persons interested in the admission or denial thereof.

Restrictions and limitations on partition.– Notwithstanding the provisions of section 135–

(a)  places of worship and burial grounds held in common before partition shall continue to be so held after partition; and

(b)  partition of any of the following properties, namely:-

(i)  any embankment, water-course, well or tank and any land on which the supply of water to any such work may depend;

(ii)  any grazing ground; and

(iii)  any land which is occupied as the site of a town or village, may be refused if, in the opinion of the Revenue Officer, the partition of such property is likely to cause inconvenience to the co-sharers or other persons directly or indirectly interested therein, or to diminish the utility thereof to those persons.

Notice of application for partition.– The Revenue Officer, on receiving the application shall, if it is in order, and not open to objection on the face of it, fix a day for the hearing thereof, and–

(a)  cause notice of the application and of the day so fixed to be served on such of the recorded co-sharers as have not joined in the application; and

(b)  If he thinks fit, cause the notice to be served on or proclaimed for the information of any other persons whom he may deem to be directly or indirectly interested in the application.

Addition of parties to application.– On the day fixed for the hearing of the application, or on any other day to which the hearing may be adjourned, the Revenue Officer shall ascertain whether any of the other co-shares desire the partition of their shares also, and if any of them so desires, he shall add him as an applicant for partition.

Dis-allowance of partition.– After examining such of the co-sharers and other persons as may be present on that day, the Revenue Officer may, if he is of opinion that there is good and sufficient cause for partition to be disallowed, reject the application, recording the grounds for such rejection.

Procedure on admission of application.– If the Revenue Officer does not reject the application, he shall ascertain the questions, if any, in dispute between any of the persons interested, distinguishing between–

(a)  questions as to title in the property of which partition is sought; and

(b)  questions as to the property to be divided or the mode of making the partition.

Disposal of questions as to title in the property to be divided.–

(1) When there is a question as to title in any property of which partition is sought, the Revenue Officer may decline to grant the application for partition until the question has been determined by a competent Court, or he may himself proceed to determine the question as though he were such a Court.

(2)  Where the Revenue Officer does not himself proceed to determine the question of title as a Civil Court, he may, for reasons to be recorded by him in this behalf, require a party specified by him to file a suit in a Civil Court, within such period not exceeding ninety days from the date of his order as he may fix, for obtaining a decision regarding the question.

(3)  On the filing of a civil suit by the party required so to do within the specified period, the Revenue Officer shall suspend further action on the application for partition till the said civil suit is decided by the Court and a copy of the Court’s order is produced before him.

(4)  In case the party so required fails to file a suit within the specified period, the Revenue Officer may proceed with the partition and decide the question of title himself.

(5)  Where the Revenue Officer himself proceeds to determine the question, the following rules shall apply, namely:-

(a)  If the question is one over which a Revenue Court has jurisdiction, the Revenue Officer shall proceed as a Revenue Court under the law for the time being in force.

(b)  If the question is one over which a Civil Court has jurisdiction, the procedure of the Revenue Officer shall be that applicable to the trial of an original suit by a Civil Court, and he shall record a judgement and a decree containing the particulars required by the Code of Civil Procedure 1908 (Act V of 1908), to be specified therein.

(c)  An appeal shall lie from the decree of the Revenue Officer under clause (b) as though that decree were a decree of a Civil Judge in an original suit.

(d)  Upon such an appeal being made, the District Court or the High Court, as the case may be, may issue an injunction to the Revenue Officer requiring him to stay proceedings pending the disposal of the appeal.

(e)  From the appellate decree of a District Court upon such an appeal, a further appeal shall lie to the High Court, if such further appeal is allowed by the law for the time being in force.

Disposal of other questions.–

(1) When there is a question as to the property to be divided, or the mode of making a partition, the Revenue Officer shall, after such inquiry as he deems necessary, record an order stating his decision on the question and his reasons for the decision.

(2)  An appeal may be preferred from an order under sub-section (1) within thirty days from the date thereof, and, when such an appeal is preferred and the institution thereof has been certified to the Revenue Officer by the authority to whom the appeal has been preferred, the Revenue Officer shall stay further proceedings pending the disposal of the appeal.

(3)  If an applicant for partition is dissatisfied with an original or appellate order under this section, and applies for permission to withdraw from the proceedings in so far as they relate to the partition of his share, he shall be permitted to withdraw therefrom on such terms as the Revenue Officer thinks fit.

(4)  When an applicant withdraws under the provisions of sub-section (3), the Revenue Officer may, where the other applicants, if any, desire the continuance of the proceedings, continue them in so far as they relate to the partition of the shares of those other applicants.

Administration of property excluded from partition.– When any such property as is referred above is excluded from partition, the Revenue Officer may determine the extent to and the manner in which the co-shares and other persons interested therein may make use thereof, and the proportion in which expenditure incurred thereon and profit derived therefrom are, respectively, to be borne by and divided among those persons or any of them.

Distribution of revenue and rent after partition.–

(1) The amount of revenue to be paid in respect of each of the holdings into which land has been divided on a partition shall be determined by the Revenue Officer making the partition.

(2)  The decision of the Revenue Officer under sub-section (1) as to the revenue to be paid in respect of each holding shall, where the estate in which the holding is situate is subject to a fixed assessment, be deemed to be an order under sub-section (1) of section 67 of Land Revenue Act.

(3)  Where new estates have been created at a partition and the land-revenue has been fraudulently or erroneously distributed among them, the Board of Revenue may, within twelve years from the time of discovery of the fraud or error, order a new distribution of the land revenue among the several estates, on an estimate of the assets of each estate at the time of the partition to be made conformably to the best evidence and information procurable respecting the same.

Instrument of partition.– When a partition is completed, the Revenue Officer shall cause an instrument of partition to be prepared and the date on which the partition is to take effect to be recorded therein.

Delivery of possession of property allotted on partition.– An owner to whom any land is allotted in proceedings for partition shall be entitled to possession thereof as against the other parties to the proceedings and their legal representatives, and a Revenue Officer shall, on application made to him for the purpose by any such owner at any time within three years from the date recorded in the instrument of partition under section 145 of Land revenue Act, give effect to that instrument so far as it concerns the applicant as if it were a decree for immovable property.

Affirmation of partition privately effected.–

(1) In any case in which a partition has been made without the intervention of a Revenue Officer, any party thereto may apply to a Revenue Officer for an order affirming the partition.

(2)  On receiving the application, the Revenue Officer shall enquire into the case, and if he finds that the partition has in fact been made, he may make an order affirming it and proceed, in the same manner as if the partition had been made on an application to himself under this Chapter.

Power to make rules as to cost of partition.– The Board of Revenue may, with the previous approval of Government, make rules for determining the costs of partitions under this Chapter and the mode in which such costs are to be apportioned.

Re-distribution of land according to custom.– When by established custom, any land in an estate is subject to periodical re-distribution, a Revenue Officer may, on the application of any of the land-owners, enforce the re-distribution according to the custom, and for this purpose may exercise all or any of the powers of a Revenue Officer in proceedings for partition.

Officers who may be empowered to act under this Chapter.– The Revenue Officer by whom proceedings may be taken under this Chapter shall be a Revenue Officer not below an Assistant Collector of the First Grade.

What is the age of “PUBERTY” in Girls and Boys?

Medical Encyclopedia: Puberty

Definition

Puberty is the period of human development during which physical growth and sexual maturation occurs.

Description

Beginning as early as age eight in girls—and two years later, on average, in boys—the hypothalamus (part of the brain) signals hormonal change that stimulates the pituitary. In turn, the pituitary releases its own hormones called gonadotrophins that stimulate the gonads and adrenals. From these glands come a flood of sex hormones—androgens and testosterone in the male, estrogens and progestins in the female—that regulate the growth and function of the sex organs. It is interesting to note that the gonadotrophins are the same for males and females, but the sex hormones they induce are different.

In the United States, the first sign of puberty occurs on average at age 11 in girls, with menstruation and fertility following about two years later. Boys lag behind by about two years. Puberty may not begin until age 16 in boys and continue in a desultory fashion on past age 20. In contrast to puberty, adolescence is more of a social/cultural term referring to the interval between childhood and adulthood.

Dictionary: pu·ber·ty

The stage of adolescence in which an individual becomes physiologically capable of sexual reproduction.

World of the Body: puberty

Puberty marks the point in human development where both males and females gain the capability to procreate. Puberty occurs during adolescence, which begins as early as age 10 and is usually completed by age 17. For girls, a rising level of oestrogen (female hormone) sets the process in motion. Pelvis and breast development are followed by a spurt in height and then the growth of underarm and pubic hair. Finally, menarche, the beginning of the first menstrual cycle, occurs. Ovulation does not automatically coincide with menarche. It may take as many as forty cycles for ovulation to become a regular part of the menstrual cycle. Though they are uniform in order, the age of onset, pace, and duration of these changes vary widely from one individual to another. Since the beginning of the twentieth century, the average age of first menstruation has declined. In the US, it decreased from about 14 years old in 1900 to 12 years old in 1975. Scientists attribute this change to better living standards, particularly in regard to diet. In males a sharp increase in androgen (male hormone) and growth hormone spawns skeletal development, followed by the lowering of the voice, the growth of facial hair, increase in sex organ size, height, spermatogenesis, and muscle development. The outward physical signs of puberty tend to occur earlier in girls than in boys, particularly the growth spurt.

Food and Fitness: puberty

The period between the first appearance of pubic hair and (in females) the first menstrual flow, or (in males) the first development of active sperm. The age of puberty varies: in females it is usually between 9 and 15 years, and in males between 11 and 14 years. During puberty, young people undergo quite dramatic physical and psychological changes. Regular, well-structured exercise and sport can help them to cope with these changes by providing emotional and physical release. Involvement in sport can also encourage personal responsibility for health and an interest in sound nutrition. In addition to its cardiovascular benefits, regular aerobic exercise may also help to ease menstrual pain in girls. Despite all these advantages, some types of exercise are dangerous during puberty because bones are still growing and the cartilaginous growth zones (epiphyseal discs) are easily damaged. Consequently, hard anaerobic exercise and training with heavy weights should not take place until two years after the final growth spurt, which may be any time between 10 and 18 years. Excessive aerobic activity, such as long-distance running, can also place intolerable stresses on joints and soft tissues causing permanent damage.

Thesaurus: puberty noun

The time of life between childhood and maturity: adolescence, greenness, juvenescence, juvenility, salad days, spring, youth, youthfulness. See youth/age/maturity.

Antonyms: puberty

Definition: young adulthood

Antonyms: adulthood

Dental Dictionary: puberty

The age at which the reproductive system becomes functional, with concurrent development of secondary sex characteristics. Marked by increased estrogenic activity in the female and rise of androgenic activity in the male.

Children’s Health Encyclopedia: Puberty

Definition

Puberty is the period of human development during which physical growth and sexual maturity occurs.

Description

The word puberty is derived from the Latin pubertas, which means adulthood. Puberty is initiated by hormonal changes triggered by a part of the brain called the hypothalamus, which stimulates the pituitary gland, which in turn activates other glands as well. These changes begin about a year before any of their results are visible. Both the male reproductive hormone testosterone and female hormone estrogen are present in children of both sexes. However, their balance changes at puberty, with girls producing relatively more estrogen and boys producing more testosterone.

Beginning as early as age eight in girls—and two years later, on average, in boys—the hypothalamus signals hormonal change that stimulates the pituitary. In turn, the pituitary releases its own hormones called gonadotrophins that stimulate the gonads and adrenals. From these glands come a flood of sex hormones—androgen and testosterone in the male, estrogen and progestin in the female—that regulate the growth and function of the sex organs. It is interesting to note that the gonadotrophins are the same for males and females, but the sex hormones they induce are different.

Britannica Concise Encyclopedia: puberty

In human physiology, the period of first becoming capable of reproducing sexually. Occurring at about age 12 in girls and age 14 in boys, puberty is characterized by the maturing of the genital organs, development of secondary sex characteristics, and, in girls, onset of menstruation. Both sexes experience a swift increase in body size and changes in body shape and composition. Puberty marks the beginning of adolescence.

Sports Science and Medicine: puberty

pubescence

A period in the life course between the appearance of pubic hair and, in females, the first menarche, or, in males, the first development of sperm. Puberty varies, but in females it usually occurs between 9 and 15 years, while in males it usually occurs between 11 and 14 years.

Columbia Encyclopedia: puberty

(pyū’bərtē) , period during which the onset of sexual maturity occurs. It usually takes place between the ages of 10 and 15 in both sexes but sometimes occurs as early as 7 or 8 years of age in females. The pituitary gland secretes hormones that stimulate enlargement and development of the sex organs, which thus become capable of reproduction. The appearance of secondary sex characteristics also occurs during puberty. In females the reproductive cycle of ovulation and menstruation begins, pubic hair appears, and development of the breasts and other body contours takes place. Physical changes in males include production and discharge of semen, appearance of facial and body hair, and deepening of the voice. Skin difficulties, such as acne, may affect both sexes. Puberty, a transition period coinciding with adolescence, involves both physiological and psychological adjustments. It is often marked by emotional stress arising as the adolescent relinquishes childhood behavior patterns and adopts those of an adult.

Psychoanalysis: Puberty

Puberty was originally defined anatomically and physiologically as the appearance of secondary signs of sexual maturation that mark the beginning of the adolescent process which will put an end to the period of childhood that had been prolonged by the period of latency. The concepts of puberty and adolescence have been increasingly considered as belonging to the field of psychoanalysis only progressively.

Veterinary Dictionary: pubertal

Pertaining to or emanating from puberty.

* p. period — the period approaching puberty when gonadal function, accessory sex gland function and behavior develop to the point where reproduction is possible.

Puberty refers to the process of physical changes by which a child’s body becomes an adult body capable of reproduction. Puberty is initiated by hormone signals from the brain to the gonads (the ovaries and testes). In response, the gonads produce a variety of hormones that stimulate the growth, function, or transformation of brain, bones, muscle, skin, breasts, and reproductive organs. Growth accelerates in the first half of puberty and reaches completion by the end. Before puberty, body differences between boys and girls are almost entirely restricted to the genitalia. During puberty major differences of size, shape, composition, and function develop in many body structures and systems. The most obvious of these are referred to as secondary sex characteristics.

In a strict sense, the term puberty (and this article) refers to the bodily changes of sexual maturation rather than the psychosocial and cultural aspects of adolescent development. Adolescence is the period of psychological and social transition between childhood and adulthood. Adolescence largely overlaps the period of puberty but its boundaries are less precisely defined and it refers as much to the psychosocial and cultural characteristics of development during the teen years as to the physical changes of puberty

..::Criminal Laws and Procedure in Pakistan

Criminal Law is an extreme field of practice covering all those aspects that entail crime as its factor. Every act or omission that violates a command derives its force from legislature or from authority – either political or religious – that has absolute sway over the matters of state is considered to be a crime. This is the reason that state stands as a prosecutor against the alleged culprit. The main intention of criminal law is to maintain the sway of state in all matters involving acts or omissions: no act or omission that challenges the sway of the state can be allowed by the criminal law of the state.

Pakistan has a very detailed criminal law that is though outdated to some extent but it tends to cover all aspects that do constitute a crime. To understand the criminal law in Pakistan one needs to understand the socio cultural phenomena of this country also. Most of the criminal law that has been prevailing in Pakistan was introduced by the British Empire when India was a colony and Pakistan was part of it. Even then a care was taken to understand the social conditions and criminal law was tried to be conditioned according to the cultural circumstances of the colony. This is the reason that it was willfully accepted by India and Pakistan both after their freedom from British Empire. Code of Criminal Procedure (V of 1898) that was implemented in colony is still largely the prescribed criminal procedure followed by the courts in Pakistan. Similarly the Penal Code (XLV of 1860) that was introduced in colony is still largely followed in shape of Pakistan Penal Code.

Supreme Court being the most apex court of Pakistan has the supreme administrative authority over functionality of all the criminal courts of Pakistan.

When any person is apprehended for committing any crime, after investigation – that is to be completed within 14 days u/Sec. 173 of Criminal Procedure Code (Cr PC) – he / she is subjected to rigorous trial in the prescribed criminal court that has jurisdiction in the said matter. Court before commencement of trial is duty bound to allow an alleged offender to appoint defence counsel of his / her choice under Article 10 of Constitution of Pakistan. Then Court pronounces a Charge against an alleged offender that describes the nature of offence and the nature of act or omission that constitutes a specific crime. Thereafter, prosecution is given an opportunity to present evidence that it has against the alleged offender. The defence counsel of alleged offender is given full opportunity to cross examine and object to the prosecution evidence, within the prescribed limits of law.

Though prosecution being the duty of the state is to be conducted by the state appointed counsels but any person who being aggrieved by the offence can appoint his / her own prosecution counsel, in addition to the state counsels already duty bound to prosecute. After the prosecution concludes its evidence the presiding Judge put certain questions u/Sec. 342 Cr PC to the alleged offender. These questions are very crucial as presiding Judge gives an opportunity to alleged offender to explain incriminating evidence against him / her. Alleged offender is also given an opportunity to appear as his own witness. Moreover he / she is also given an opportunity to present documentary evidence and witnesses in his / her defence. After the conclusion of defence evidence the trial is concluded and the Presiding Judge pronounces judgment. Judgment could be of acquittal or punishment. In both cases prosecution and alleged offender has right to appeal against the judgment of the trial court. The appeal is made to the immediate superior court of the trial court.

Punishment is universally accepted mode of retribution and deterrence. Punishment varies with the nature of crime. Different punishment can be given for the same crime. But retrospective punishment and double punishment in any case is specifically prohibited by the Constitution of Pakistan. Article 12 states: “No law shall authorize the punishment of a person for an act or omission that was not punishable at the time of the act or omission”, similarly Article 13 states: “No person shall be punished for the same offence more than once”. Article 13(b) also states: “No person shall, when accused of an offence, be compelled to be witness against himself”.

Constitution of Pakistan specifically demarcates the contours of Criminal Law of Pakistan by stating unequivocally in Article 9: “No person shall be deprived of life or liberty save in accordance with law”. And the Law shall never be against the universally accepted Fundamental Rights, this is specifically and explicitly enshrined in Article 8 of the Constitution of Pakistan.

The fundamentals of criminal law are based on the principle of justice, equity and good conscience. They provide adequate guidelines for the formulation a rational penal policy. In order to be influential the criminal law must have four important elements, that is, politically, specificity, uniformity and penal sanction. The functioning of the criminal justice system is wide enough to achieve its goals and objectives. Its ultimate goal is undoubtedly to make the society safer for its citizens. Most widely accepted aims of the criminal law include:

  • The enforcement of criminal law should reflect the society’s disapprobation for criminal activity through apprehending, convicting and punishing the offenders.
  • Deterring criminals from indulging in criminal activities and at the same advising the other people as to how to avoid falling a victim to a crime.
  • Criminal law should be beneficially used to rehabilitate the offenders and incapacitating those who might otherwise prove to be a potential danger to the society.
  • Ensuring safety and security of people through maintenance of law and order.
  • Helping the victims to get adequate compensation from the offender wherever possible.
  • Efficient and fair application of law ensuring proper treatment of suspects, defendants, those who are held in custody and witnesses. Also ensuring that the innocents are acquitted without harassment and guilty is duly punished.
  • Ensuring that criminal justice system is accountable to the society.

In Pakistan the major statutes relating to criminal law are the Pakistan Penal Code 1860 and the Criminal Procedure Code, 1898. Out of these two the former deals in defining all the offences and mentioning their punishments along, the former is specifically a code of procedure. The criminal procedure code is essentially a procedural law, which provides machinery for the punishment of offenders against the substantive criminal law example the Pakistan Penal Code. In fact the two codes are to be read together. Apart from these two statutes, which specifically deal in the criminal branch of law, there are certain other general laws which attract criminal liability like, Negotiable Instruments Act which attracts criminal liability in case of dishonoring cheque, although new provision of section 489-F has also been added in Pakistan Penal Code, regarding dishonestly issuing a cheque. Information Technology Law is also going to be drafted very soon which will deal with the wrongs relating to the Computer and Information Technology etc. The firm possessing an expertise in this branch has, through its most experienced and efficient attorney’s has successfully handled a pile of such cases involving penal prosecution. The experience of the lawyers at work in this arena has provided us a distinct position from the rest.

The Criminal Procedure Code prescribes the Constitution of the Criminal Courts and offices and speaks of the powers of the courts. It contains various general provisions pertaining to the information to the Magistrates and Police and gives the procedure of arrest, escape and relating to the process to compel appearance through summons, warrant of arrest, proclamation and attachment and other rules regarding processes. It also prescribed the processes to compel the production of documents and other movable property and for the discovery of persons wrongfully confined through summons to produce and search warrants. The Criminal Procedure also helps for prevention of offences through security for keeping the peace and good behavior and to prevent the unlawful assemblies, public nuisances or apprehended danger, disputes as to immoveable property, preventive action of the police and their powers to investigate. The Cr.P.C also deals with the proceedings in prosecution and gives the jurisdiction to Criminal Courts according to place of inquiry or trial, complaints to the Magistrates, commencements of proceedings before Magistrates and inquiry into cases triable by the Courts of Sessions or High Courts. It also prescribes nature and form of charges and joinders of charges and gives the procedure of trial by Magistrates including summary trial and trial before High Court and Court of Sessions and gives the mode of taking recording evidence in inquiries and trial and finally judgment.

The Criminal Procedure Code further defines the steps of submission of sentences for confirmation, execution, suspensions, remissions and computations of sentences, previous acquittals and convictions. This also dictates the steps of Appeals, References and Revisions. It further has special provisions relating to cases in which European and Pakistan British subjects are concerned and lunatics. It also defines the strategy of proceedings in case of certain offences affecting the administration of justice, of the maintenance of wives and children. It also ordains the actions regarding directions of the nature of a Habeas Corpus and have the supplementary provisions regarding public prosecutor, bail, commissions for the examination of witness, special rules or evidence. Provisions as to bonds, of the disposal of property, transfer of criminal cases and supplementary provisions relating to European and Pakistan British subjects and others. It also specifies the conduct of irregular proceedings and miscellaneous matters.

Pakistan Penal Code, 1860 specifies the extent of punishments against different crimes and offences committed within Pakistan and beyond Pakistan but which by law may be tried within Pakistan and extra territorial offences. The PPC further assigns the policy of general exceptions, right of private defense, abetment, and criminal conspiracy. It further requires the actions against offences against the state, relating to the Army, Navy and Air Force and against public tranquility.

It also dictates the policy against offences by or relating to public servant, offences relating to offences and contempt of the lawful authority of public servants. It further stipulates the system against the false evidence and offences against public justice and relating to coins and Government Stamps and pertaining to weights and measures. The PPC also assigns the policy relating to offences affecting the public health, safety, convenience, decency and morals. It also assigns a scheme regarding offences relating to religion, affecting the human body, wrongful restraint and wrongful confinement, of rape and of unnatural offences. This also ordains the steps against offences against property through theft, extortion, robbery and dacoity, hijacking, criminal misappropriation of property, criminal breach of trust, receiving of stolen property, of cheating, fraudulent deeds and disposition of property, mischief and criminal trespass.

The PPC also defines the punishment against offences relating to documents and to Trade or Property marks through forgery or false documents, counterfeiting currency and bank notes and criminal breach of contracts of service. It also dictates the punishment against offences relating to marriage, defamation, criminal intimidation, insult and annoyance and the attempts to commit offences.

..::Anticipatory Bail…Law and Procedure in Pakistan

Right of pre-arrest bail is rare and very limited which could be extended in very strong and exceptional circumstances, which are based on malafide / enmity on the part of complainant or police. Section 498 Cr.P.C. provides the law of pre-arrest bail. This section empowers High Court or session court to grant pre-arrest bail in cases of exceptional nature. But such power has to be exercised according to rule and guiding lay down by superior courts.

According to Higher Courts for grant pre-arrest bail following conditions must be fulfilled.

    1) Arrest being for ulterior motives such as humiliation and unjustified harassment.

    2) Prosecution motivated to causes irreparable injury to the reputation and liberty.

    3) Motivation of police on political consideration.

    4) Heinousness of offence by itself not sufficient for refusal of bail.

Hence if we sum up the main conditions before grant of pre-arrest bail are:

    1) Genuine proved apprehension of imminent arrest.

    2) Petitioner should physically surrender to the court.

    3) Apprehension of harassment and under irreparable humiliation by unjustified arrest.

    4) It should be otherwise fit case on merits.

In general the pre-arrest bail petition is filled in the Court of Session but it can also be filed in High Court in exceptional circumstances. In practice a person after pre-arrest bail join the investigation and record his version before the police. After hearing argument court can confirm or reject the bail.

 

..::Anticipatory Bail…Law and Procedure in Pakistan

Pre arrest Bail, more commonly known as anticipatory bail since it is a legal relief in anticipation of a possible arrest. This Bail form is considered difficult as compared to Post arrest Bail since this has to be obtained on maximum legal grounds as mere superficial facts are available and cases are in their infancy stage.

Simply put If any person apprehends that there is a move to get him arrested on false or trump up charges, or due to enmity with someone, or he fears that a false case is likely to be built up against him, or becomes aware of such case being lodged against him/her, he/she has the right to move the court of Sessions, the High Court or another court of competent jurisdiction under Code of Criminal Procedure for grant of bail in the event of his arrest, and the court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.

General Rules for Pre-Arrest/Anticipatory Bail in Pakistan

The court will weigh in various aspects before granting the Bail to the accused in Pakistan which include:

Mala fide, ulterior motives or false implication are essential for pre-arrest bail—Pre-arrest bail can be granted where the arrest of accused is imminent with ulterior motive, mala fides or due to his false implication apparent on the face of record. This normally happens when the purpose of a case/possible case is to malign the accused.

The gravity/seriousness  of the crime: As viewed in superior courts the fact that a case is serious such as murder, rape etc does not necessarily mean it is non-bailable. The gravity of allegation should not stand in way of grant of pre arrest bail.

As stated above it is an extraordinary relief for the common man therefore the law for Grant of pre-arrest bail in Pakistan helps protect innocent persons against victimization through abuse of law for ulterior motives.

Individual is willing and in physical form surrendering towards the Law with maximum cooperation.

Courts may take lenient view if the accused is facing health problems and prima facie the case has been lodged to malign the same.

Whether the accused was at the scene, where crime was conducted— Accused (petitioner) was neither present at the time of occurrence nor any overt act was attributed to him then the court granted bail in Achar Vs State 2011 YLR 1640 Sindh

Case is a civil dispute rather than criminal as claimed.

Jurisdiction of competent courts in Pakistan are very much outlined in law, therefore jurisdiction will als play a part in grant of pre arrest bail in Pakistan.

Conditions of  Pre-Arrest/Anticipatory Bail…Law and Procedure in Pakistan

The Court of competent jurisdiction may include such conditions in the light of the facts of the particular case, as it may think fit, including:

a condition that the person shall make himself available for interrogation by the police officer as and when required;

a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;

a condition that the person shall not leave the country without the previous permission of the court.

a condition that an X amount of money/monetary asset may be deposited with the court.

If you are Looking for immediate Legal relief in your case, Abori (Anticipatory bail) may be your first legal weapon in a court of Law. M&M helps both Pre arrest Bail Filing, Grant and opposition for our valued clients in all courts in Pakistan  and have a track record of excellent results.