GROUNDS FOR CANCELLATION / REJECTION OF BAIL IN A MURDER CASE OR ANY OTHER CRIMINAL CASES

GROUNDS FOR CANCELLATION / REJECTION OF BAIL IN A MURDER CASE

1. Heinous Nature and Severity of the Offence:
   • The offence falls under Section 302 PPC, which carries the maximum punishment of death or life imprisonment. The heinous, brutal, and cold-blooded nature of the crime strongly weighs against the grant of bail.
   • Courts have consistently held that bail in capital offences should not be granted lightly, especially where the accusation is supported by prima facie evidence.
2. Strong Prima Facie Case:
   • Sufficient incriminating material is available on record, including direct evidence (eyewitnesses), medical reports, recovery of the weapon of offence, and other circumstantial evidence that links the accused to the murder.
   • The FIR was promptly lodged, leaving little room for fabrication or false implication.
   • The statements of prosecution witnesses under Section 161 Cr.P.C. are consistent and implicate the accused with specific roles.
3. Flight Risk:
   • The accused is likely to abscond or flee from the jurisdiction of the court to avoid punishment, especially given the severity of the penalty involved.
   • There are credible apprehensions that the accused may go underground, hamper investigation, or evade trial altogether.
4. Tampering with Prosecution Evidence / Witnesses:
   • The accused has strong influence in the locality or connections in law enforcement and may attempt to influence, threaten, or eliminate prosecution witnesses.
   • There are prior instances or credible reports of attempts to coerce or bribe witnesses or intimidate the complainant.
5. Possibility of Repeat Offence or Danger to Society:
   • The accused is a hardened or habitual offender, or there is a history of violence or criminal conduct.
   • Release on bail may endanger the lives of witnesses or the complainant party, or pose a general threat to public peace and safety.
6. Absence of Malafide or Ulterior Motive in Prosecution:
   • No malafide or ill-will has been shown on the part of the complainant or the prosecution in lodging the case.
   • The FIR was registered in accordance with law, and the investigation has revealed credible and corroborative evidence.
7. Pending Investigation or Challan Not Yet Submitted:
   • Bail should not be granted while the investigation is still ongoing, especially when crucial evidence is yet to be collected or analyzed (e.g., forensic reports, CDR, call logs, ballistic reports).
   • Premature release of the accused may frustrate the investigation and enable manipulation of evidence.
8. Misuse of Bail Concession:
   • In case of a bail cancellation application, it may be argued that the accused has misused the concession of bail by:
     • Violating bail conditions,
     • Committing another offence while on bail,
     • Interfering with witnesses or tampering with evidence,
     • Failing to appear before the court as required.
9. Legal Principles and Precedents:
   • The superior courts have repeatedly held that in capital offences, bail is to be refused unless there is no reasonable ground for believing that the accused has committed the offence and there are sufficient grounds for further inquiry (Section 497 Cr.P.C.).
   • Relevant case law supporting rejection or cancellation of bail in murder cases:
     • PLD 2021 SC 362 – Bail refused in a murder case due to strong prima facie evidence.
     • 2020 SCMR 350 – Supreme Court emphasized that bail in capital cases must be granted cautiously.
     • PLD 2001 SC 607 – Misuse of bail concession resulted in its cancellation.
10. Public Confidence and Administration of Justice:

• Granting bail in such a grave offence would shake public confidence in the justice system and embolden criminals.
• The release of the accused at this stage would defeat the ends of justice and may encourage lawlessness.

---

https://www.youtube.com/@AHashmi007/videos

---

Additional Grounds for Rejection/Cancellation of Bail in a Murder Case

1. Deliberate and Targeted Killing:
   • The murder was premeditated and calculated, showing intent and planning, ruling out any element of sudden provocation or self-defence.
2. Accused Was Declared a Proclaimed Offender (PO):
   • The accused had absconded and was declared a proclaimed offender under Section 87 Cr.P.C., demonstrating disregard for the legal process.
3. Recovery of Weapon from Accused or at His Pointation:
   • The murder weapon was recovered either from the direct possession of the accused or at his pointation, directly linking him to the crime.
4. Presence of Motive and Enmity:
   • Strong and well-established motive exists, supported by previous disputes, threats, or litigation, evidencing animus against the deceased.
5. Bail Previously Rejected by High Court/Supreme Court:
   • The accused has already availed remedy of bail and it was rejected on merits by a higher forum, which bars re-litigation at lower levels unless circumstances change.
6. Direct Confession Before Police or Judicial Magistrate:
   • The accused has confessed voluntarily either in police custody or before a magistrate under Section 164 Cr.P.C., showing acknowledgment of guilt.
7. Destruction of Evidence:
   • The accused attempted or succeeded in destroying crucial evidence such as CCTV footage, mobile phones, or blood-stained clothes.
8. FIR Supported by Post-Mortem and Medical Report:
   • Medical and post-mortem reports corroborate the allegations in the FIR and statements of prosecution witnesses regarding injuries and cause of death.
9. Bail Application Is Premature:
   • Bail is sought at a premature stage when the investigation is incomplete, and evidence is still being collected or verified.
10. Joint Role and Common Intention:

• The accused, though not the main shooter, acted with common intention under Section 34 PPC and played an active role in commission of the offence.

11. Accused Attempted to Mislead the Investigation:

• The accused gave false information, created alibis, or fabricated evidence to mislead the investigating agency.

12. Accused Was Armed with Lethal Weapon:

• The accused was apprehended with a loaded/unlicensed weapon, indicating readiness and intent to cause fatal harm.

13. Use of Criminal Force and Brutality:

• The killing was carried out with exceptional brutality, cruelty, or multiple fatal injuries, justifying enhanced caution in bail consideration.

14. Victim Was a Public Servant or Witness:

• The deceased was a public servant, law enforcement officer, or witness in another case, which makes the act an attack on state authority or justice system.

15. Accused Has Influential Background:

• The accused enjoys political or social influence and is likely to misuse his position to obstruct the course of justice.

16. Accused Has Co-Accused Who Are Absconding:

• Granting bail may jeopardize efforts to arrest remaining co-accused or allow coordination of defence narratives, compromising the investigation.

17. Accused Is Not Entitled to Benefit of Further Inquiry:

• Evidence collected so far rules out any doubt about involvement of the accused, making him ineligible for bail under the “further inquiry” clause.

18. Threat to Law and Order Situation:

• The release of the accused may lead to public unrest, communal tension, or reprisals, disturbing public peace and tranquility.

19. Accused Was in Constant Contact with Co-Offenders:

• Call detail records (CDRs) or digital evidence show the accused was coordinating with other accused persons before, during, and after the murder.

20. Accused Tried to Leave the Country:

• After commission of the crime, the accused attempted to cross borders or leave Pakistan, which supports the apprehension of absconding.