Section 21D: Bail

21D. Bail.__ (1) Notwithstanding the provisions of sections 439, 491, 496, 497, 498, 498A and 561A of the Code, no Court, other than an Anti-terrorism Court, a High Court or the Supreme Court of Pakistan, shall have the power or jurisdiction to grant bail to or otherwise release an accused person in a case triable by an Anti-terrorism Court. (2) All offences under this Act punishable with death or imprisonment 1[*] exceeding three years shall be non-bailable: Provided that if there appear reasonable grounds for believing that any person accused of non- bailable offence has been guilty of an offence punishable with death or imprisonment for life or imprisonment for not less than ten years, such person shall not be released on bail. (3) Subject to sub-section (2), the Court may admit a person to bail, unless satisfied that there are substantial grounds for believing that the person, if released on bail (whether subject to conditions or not), would; (a) fail to surrender to custody; (b) commit an offence while on bail; (c) interfere with a witness; otherwise obstruct or attempt to obstruct the course of justice, whether in relation to himself or another person; or (d) fail to comply with the condition of release (if any). (4) In exercising its powers in relation to a person seeking bail under this Act, the Court shall have regard to such of the following considerations (as well as to any others which it considers relevant)__ (a) the nature and seriousness of the offence with which the person is charged; (b) the character, antecedents, associations and community ties of the person; (c) the time which the person has already spent in custody and the time which he is likely to spend in custody if he is not admitted to bail; and (d) the strength of the evidence of his having committed the offence. (5) Without prejudice to any other power to impose conditions on admission to bail, the Court admitting a person to bail under this section may impose such conditions as it considers: (a) likely to result in the person’s appearance at the time and place required 2[including very high bail sureties], or (b) necessary in the interests of justice or for the prevention of crime 1[, including surveillance of the person granted bail to monitor his activities and requiring him to report to the concerned police station at specified intervals as determined by the court]. (6) It shall be lawful for the person to be held in military or police protective custody in accordance with the conditions of his bail. (7) The Government or the Court may, under this section, at any time, in respect of a person charged of an offence under this Act, if it considers it necessary, by special or general order, direct special arrangements to be made as to the place at which the person is to be held in order: (a) to prevent his escape; or (b) to ensure his safety or the safety of others.

Effective date: 1997-08-16

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