The Lawphil Project - Arellano Law Foundation

ADMINISTRATIVE CIRCULAR NO. 12-94 August 16, 1994

ADMINISTRATIVE CIRCULAR NO. 12-94 August 16, 1994

TO: THE COURT OF APPEALS, SANDIGANBAYAN, REGIONAL

TRIAL COURTS, METROPOLITAN TRIAL COURTS,
MUNICIPAL TRIAL COURTS, MUNICIPAL TRIAL COURTS IN
CITIES, MUNICIPAL CIRCUIT TRIAL COURTS, SHARI'A
DISTRICT COURTS AND SHARI'A CIRCUIT COURTS, ALL
MEMBERS OF THE GOVERNMENT PROSECUTION SERVICE
AND ALL MEMBERS OF THE INTEGRATED BAR OF THE
PHILIPPINES

SUBJECT: AMENDMENTS TO RULE 114 OF THE 1985 RULES

ON CRIMINAL PROCEDURE, AS AMENDED

RULE 114

BAIL

SECTION 1. Bail defined. — Bail the security given for the release of a person
in custody of the law, furnished by him or a bondsman, conditioned upon his
appearance before any court as required under the conditions hereinafter
specified. Bail may be given in the form of corporate surety, property bond,
cash deposit, or recognizance. (1)

Sec. 2. Conditions of the bail; requirements. — All kinds of bail are subject to
the following conditions:
(a) The undertaking shall be effective upon approval and remain in force at all stages of
the case, unless sooner cancelled, until the promulgation of the judgment of the Regional
Trial Court, irrespective of whatever the case was originally filed in or appealed to it;

(b) The accused shall appear before the proper court whenever so required by the court
or these Rules;

(c) The failure if the accused to appear at the trial without justification despite due notice
to him r his bondsman shall be deemed an express waiver of his right to be present on
the date specified in the notice. In such case, the trial may proceed in absentia; and

(d) The bondsman shall surrender the accused to the court for execution of the final
judgment.
The original papers shall state the full name and address of the accused, the
amount of the undertaking and the conditions herein required. Photographs
(passport size) taken recently showing the face, left and right profiles of the
accused must be attached thereto. (2a)

Sec. 3. No release or transfer except on court or bail. — No person under

detention by legal process shall be released or transferred except upon lawful
order of the court or when he is admitted to bail as prescribed in this Rule. (n)

Sec. 4. Bail, a matter of right. — All persons in custody shall: (a) before or
after conviction by the Metropolitan Trial Court, Municipal Trial Court,
Municipal Trial Court in Cities and Municipal Circuit Trial Court, and (b) before
conviction by the Regional Trial Court of an offenses not punishable by
death, reclusion perpetua or life imprisonment, be admitted to bail as a matter
of right, with sufficient sureties, or be released on recognizance as prescribed
by law or this Rule. (3a)

Sec. 5. Bail, when discretionary. — Upon conviction by the Regional Trial

Court of an offense not punishable by death, reclusion perpetua or life
imprisonment, the court, on application, may admit the accused to bail.

The court, in its discretion, may allow the accused to continue on provisional
liberty under the same bail bond during the period of appeal subject to the
consent of the bondsman.

If the court imposed a penalty of imprisonment exceeding six (6) years but not
more than twenty (20)years, the accused shall be denied bail, or his bail
previously granted shall be cancelled, upon a showing by the prosecution,
with notice to the accused, of the following or other similar circumstances:
(a) That the accused is a recidivist, quasi-recidivist, or habitual delinquent, or has
committed the crime aggravated by the circumstance of reiteration;

(b) That the accused is found to have previously escaped from legal confinement, evaded
sentence, or has violated the conditions of his bail without valid justification;

(c) That the accused committed the offense while on probation, parole, or under
conditional pardon;

(d) That the circumstances of the accused or his indicate the probability of flight of
released on bail; or

(e) That there is undue risk that during the pendency of the appeal, the accused may
commit another crime.
The appellate court may review the resolution of the Regional Trial Court, on
motion and with notice to the adverse party. (n)

Sec. 6. Capital offense, defined. — A capital offense, as the term is used in

these Rules, is an offense which, under the law existing at the time of its
commission and at the time of the application to be admitted to bail, may be
punished with death. (4)

Sec. 7. Capital offense or an offense punishable by reclusion perpetua or life

imprisonment, not bailable. — No person charged with a capital offense, or an
offense punishable by reclusion perpetua or life imprisonment, when evidence
of guilt is strong, shall be admitted to bail regardless of the stage of the
criminal prosecution. (n)

Sec. 8. Burden of proof in bail application. — At the hearing of an application

for admission to bail filed by any person who is in custody for the commission
of an offense punishable by death, reclusion perpetua or life imprisonment,
the prosecution has the burden of showing that evidence of guilt is strong. The
evidence presented during the bail hearings shall be considered automatically
reproduced at the trial, but upon motion of either party, the court may recall
any witness for additional examination unless the witness is dead, outside of
the Philippines or otherwise unable to testify. (5a)

Sec. 9. Amount of bail; guidelines. — The judge who issued the warrant or
granted the application shall fix a reasonable amount of bail considering
primarily, but not limited to the following guidelines:
(a) Financial ability of the accused to give bail;.

(b) Nature and circumstances of the offense;

(c) Penalty of the offense charged;

(d) Character and reputation of the accused;

(e) Age and health of the accused;

(f) The weight of the evidence against the accused;

(g) Probability of the accused appearing in trial;

(h) Forfeiture of other bonds;

(i) The fact that accused was a fugitive from justice when arrested; and
 (j) The pendency of other cases in which the accused is under bond.

Excessive bail shall not be required. (6)

Sec. 10. Corporate surety. — Any domestic or foreign corporation licensed as

a surety in accordance with law and currently authorized to act as such may
provide bail by a bond subscribed jointly by the accused and an officer duly
authorized by its board of directors. (7)

Sec. 11. Property bond, how posted. — A property bond is an undertaking

constituted as a lien on the real property given as security for the amount of
the bail. Upon approval of the bond, the court shall order the accused to
cause the annotation of the lien within ten (10) days on the original torrens title
on file with the Register of Deeds, if the land is registered, or if unregistered,
in the Registration Book on the space provided therefor, in the office of the
Register of Deeds for the province or city where the land lies, and on the
corresponding tax declaration in the office of the provincial and municipal
assessor concerned. Non-compliance with the order shall be sufficient cause
for cancellation of the property bond. (8)

Sec. 12. Qualification of sureties in property bond. — The necessary

qualification of sureties to a property bond shall be as follows:
(a) Each of them must be a resident of real estate within the Philippines;

(b) Where there is only one surety, his real estate must be worth at least the amount of
the undertaking;

(c) In case there are two or more sureties, they may justify severally in amounts less than
that expressed in the undertaking if the entire sum justified to is equivalent to the whole
amount of bail demanded.

In all cases, every surety must be worth the amount specified in his own
undertaking over and above all just debts, obligations and property exempt
from execution. (9a)

Sec. 13. Justification of sureties. — Every surety shall justify by affidavit taken
before the judge, that each possesses the qualifications named in the
preceding section, and shall be required to describe the property given as
security, stating the nature of his title thereto, the encumbrances thereon, the
number and amount of other bonds entered into by him and remaining
undischarged, and his other liabilities. The court may further examine the
sureties upon oath concerning their sufficiency in such manner as it may
deem proper. No bond shall be approved unless the surety is qualified. (10)
Sec. 14. Deposit of cash as bail. — The accused or any person acting in his
behalf may deposit in cash with the nearest collector of internal revenue, or
provincial, city or municipal treasurer the amount of bail fixed by the court or
recommended by the prosecutor who investigated r filed the case, and upon
submission of a proper certificate of deposit and of a written undertaking
showing compliance with the requirements of Section 2 hereof, the accused
shall be discharged from custody. Money thus deposited shall be considered
as bail and applied to the payment of any fine and costs and the excess, if
any, shall be returned to the accused or to whoever made the deposit. (11)

Sec. 15. Recognizance. — Whenever allowed pursuant to law or these Rules,

the court may release a person in custody on his own recognizance or that of
a responsible person. (12)

Sec. 16. Bail, when not required; reduced bail or recognizance. — No bail
shall be required when the law or these Rules so provide.

When a person has been in custody for a period equal to or more than the
possible maximum imprisonment of the offense charged to which he may be
sentenced, he shall be released immediately, without prejudice to the
continuation of the trial thereof or the proceedings on appeal. In case the
maximum penalty to which the accused may be sentenced is destierro, he
shall be released after thirty(30) days of preventive imprisonment.

A person in custody for a period equal to or more than the minimum of the
principal penalty prescribed for the offense charged, without application of the
Indeterminate Sentence Law or any modifying circumstance, shall be released
on a reduced bail or on his own recognizance, at the discretion of the court.
(13).

Sec. 17. Bail, where filed. — (a) Bail in the amount fixed may be filed with the
court where the case is pending, or, in the absence or unavailability of the
judge thereof, with another branch of the same court within the province or
city. If the accused is arrested in a province, city or municipality other than
where the case is pending, bail may be filed also with any regional trial court
of said place, or, if no judge thereof is available, with any metropolitan trial
judge, municipal trial judge or municipal circuit trial judge therein.

(b) Whenever the grant of bail is a matter of discretion, or the accused seeks
to be released on recognizance, the application therefor may be filed only in
the particular court where the case is pending, whether for preliminary
investigation, trial, or on appeal.
 (c) Any person in custody who is not yet charged in court may apply for bail
with any court in the province, city or municipality where he is held. (14)

Sec. 18. Notice of application to prosecutor. — In the application or bail under

the preceding section, the court must give reasonable notice of the hearing to
the prosecutor or require him to submit his recommendation. (15a)

Sec. 19. Release on bail. — The accused must be discharged upon approval
to the bail by the judge with whom it was filed in accordance with Section 17
thereof.

Whenever bail is filed with a court other than where the case is pending, the
judge accepting the bail shall forward the bail, the order of release and other
supporting papers to the court where the case is pending, which may, for
good reason, require a different one to be filed. (16a)

Sec. 20. Increase or reduction of bail. — After the accused shall have been
admitted to bail, the court may, upon good cause shown, either increase or
decrease the amount of the same. If increased, the accused may be
committed to custody unless he gives bail in the increased amount thereof
within a reasonable period. An accused held to answer a criminal charge but
who is released without bail on the filing of a complaint or information, may, at
any subsequent stage of the proceedings whenever a strong showing of guilt
appears to the court, be required to give bail in the amount fixed, or in lieu
thereof may be committed to custody. (17)

Sec. 21. Forfeiture of bail bond. — When the presence of the accused is
specifically required by the court, or these Rules, his bondsman shall be
notified to produce him before the court on a given date. If the accused fails to
appear in person as required, the bond shall be declared forfeited and the
bondsmen are given thirty (30) days within which to produce their principal
and to show cause why judgment should not be rendered against them for the
amount of their bond. Within the said period, the bondsmen:
(a) must produce the body of their principal or give the reason for his non-production; and

(b) must explain satisfactorily why the accused did not appear before the court when first
required to do so.

Failing in these two requisites, a judgment shall be rendered against the

bondsmen, jointly and severally, for the amount of the bond, and the court
shall not reduce or otherwise mitigate the liability of the bondsmen, except
when the accused has been surrendered or is acquitted. (18)
Sec. 22. Cancellation of bail bond. — Upon application filed with the court and
after due notice to the prosecutor, the bail bond may be cancelled upon
surrender of the accused or proof of his death..

The bail bond shall be deemed automatically cancelled upon acquittal of the
accused or dismissal of the case or execution of the final judgment of
conviction.

In all instances, the cancellation shall be without prejudice to any liability on

the bond. (19a)

Sec. 23. Arrest of accused out on bail. — For the purpose of surrendering the
accused, the bondsmen may arrest him, or on written authority endorsed on a
certified copy of the undertaking may cause him to be arrested by any officer
or any other person of suitable age and discretion.

An accused released on bail may be re-arrested without the necessity of a

warrant if he attempts to depart from the Philippines without prior permission
of the court where the case is pending. (20)

Sec. 24. No bail after final judgment; exception. — An accused shall not be
allowed bail after the judgment has become final, unless he has applied for
probation before commencing to serve sentence, the penalty and the offense
being within the purview of the Probation Law. In case the accused has
applied for probation, he may be allowed temporary liberty under his bail
bond, but if no bail was filed or the accused is incapable of filing one, the court
may allow his release on recognizance to the custody of a responsible
member of the community. In no case shall bail be allowed after the accused
has commenced to serve sentence. (21a)

Sec. 25. Court supervision of detainees. — The court shall exercise

supervision over all persons in custody for the purpose of eliminating all
unnecessary detention. The executive judges of the Regional Trial Courts
shall conduct monthly personal inspections of provincial, city or municipality
jails and their prisoners within their respective jurisdiction, to inquire into their
proper accommodation and health, the number of detainees, the condition of
the jail facilities, the segregation of sexes and of minors from the adults, the
observance of the right of detainees to confer privately with counsel, and the
elimination of conditions disadvantageous to the detainees.

In cities and municipalities to be specified by the Supreme Court, the

municipal trial judges or municipal circuit trial judges shall conduct monthly
 personal inspections of municipal jails of the irrespective municipalities, and
submit a report to the executive judge of the Regional Trial Court having
jurisdiction therein.

A monthly report of such visitation shall be submitted by the executive judges

to the Court Administrator, stating the total number of detainees, at least the
names of those held for more than thirty (30) days, the duration of detention,
the crime charged, the status of the case, the cause for detention, the crime
charged, the status of the case, the cause for detention, and other pertinent
information. (22)

The amendments shall take effect on October 1, 1994.

Let the Clerk of Court cause the publication of these amendments in two (2)
national newspapers of general circulation.

August 16, 1994.

(Sgd.) ANDRES R. NARVASA

Chief Justice

RULE 114

Bail

Section 1. Bail defined. — Bail is the security given for the release of a person in custody of the
law, furnished by him or a bondsman, to guarantee his appearance before any court as required
under the conditions hereinafter specified. Bail may be given in the form of corporate surety,
property bond, cash deposit, or recognizance. (1a)

Section 2. Conditions of the bail; requirements. — All kinds of bail are subject to the following
conditions:

(a) The undertaking shall be effective upon approval, and unless cancelled, shall remain in
force at all stages of the case until promulgation of the judgment of the Regional Trial
Court, irrespective of whether the case was originally filed in or appealed to it;

(b) The accused shall appear before the proper court whenever required by the court of
these Rules;
 (c) The failure of the accused to appear at the trial without justification and despite due
notice shall be deemed a waiver of his right to be present thereat. In such case, the trial
may proceed in absentia; and

(d) The bondsman shall surrender the accused to the court for execution of the final
judgment.

The original papers shall state the full name and address of the accused, the amount of the
undertaking and the conditions herein required. Photographs (passport size) taken within the last
six (6) months showing the face, left and right profiles of the accused must be attached to the bail.
(2a)

Section 3. No release or transfer except on court order or bail. — No person under detention by
legal process shall be released or transferred except upon order of the court or when he is admitted
to bail. (3a)

Section 4. Bail, a matter of right; exception. — All persons in custody shall be admitted to bail as
a matter of right, with sufficient sureties, or released on recognize as prescribed by law or this Rule
(a) before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal
Trial Court in Cities, or Municipal Circuit Trial Court, and (b) before conviction by the Regional
Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment. (4a)

Section 5. Bail, when discretionary. — Upon conviction by the Regional Trial Court of an offense
not punishable by death, reclusion perpetua, or life imprisonment, admission to bail is
discretionary. The application for bail may be filed and acted upon by the trial court despite the
filing of a notice of appeal, provided it has not transmitted the original record to the appellate court.
However, if the decision of the trial court convicting the accused changed the nature of the offense
from non-bailable to bailable, the application for bail can only be filed with and resolved by the
appellate court.

Should the court grant the application, the accused may be allowed to continue on provisional
liberty during the pendency of the appeal under the same bail subject to the consent of the
bondsman.

If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the accused shall
be denied bail, or his bail shall be cancelled upon a showing by the prosecution, with notice to the
accused, of the following or other similar circumstances:

(a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the

crime aggravated by the circumstance of reiteration;

(b) That he has previously escaped from legal confinement, evaded sentence, or violated
the conditions of his bail without valid justification;

(c) That he committed the offense while under probation, parole, or conditional pardon;
 (d) That the circumstances of his case indicate the probability of flight if released on bail;
or

(e) That there is undue risk that he may commit another crime during the pendency of the
appeal.

The appellate court may, motu proprio or on motion of any party, review the resolution of the
Regional Trial Court after notice to the adverse party in either case. (5a)

Section 6. Capital offense defined. — A capital offense is an offense which, under the law existing
at the time of its commission and of the application for admission to bail, may be punished with
death. (6a)

Section 7. Capital offense of an offense punishable by reclusion perpetua or life imprisonment,

not bailable. — No person charged with a capital offense, or an offense punishable by reclusion
perpetua or life imprisonment, shall be admitted to bail when evidence of guilt is strong, regardless
of the stage of the criminal prosecution. (7a)

Section 8. Burden of proof in bail application. — At the hearing of an application for bail filed by
a person who is in custody for the commission of an offense punishable by death, reclusion
perpetua, or life imprisonment, the prosecution has the burden of showing that evidence of guilt
is strong. The evidence presented during the bail hearing shall be considered automatically
reproduced at the trial, but upon motion of either party, the court may recall any witness for
additional examination unless the latter is dead, outside the Philippines, or otherwise unable to
testify. (8a)

Section 9. Amount of bail; guidelines. — The judge who issued the warrant or granted the
application shall fix a reasonable amount of bail considering primarily, but not limited to, the
following factors:

(a) Financial ability of the accused to give bail;

(b) Nature and circumstances of the offense;

(c) Penalty for the offense charged;

(d) Character and reputation of the accused;

(e) Age and health of the accused;

(f) Weight of the evidence against the accused;

(g) Probability of the accused appearing at the trial;

(h) Forfeiture of other bail;

 (i) The fact that accused was a fugitive from justice when arrested; and

(j) Pendency of other cases where the accused is on bail.

Excessive bail shall not be required. (9a)

Section 10. Corporate surety. — Any domestic or foreign corporation, licensed as a surety in
accordance with law and currently authorized to act as such, may provide bail by a bond subscribed
jointly by the accused and an officer of the corporation duly authorized by its board of directors.
(10a)

Section 11. Property bond, how posted. — A property bond is an undertaking constituted as lien
on the real property given as security for the amount of the bail. Within ten (10) days after the
approval of the bond, the accused shall cause the annotation of the lien on the certificate of title on
file with the Register of Deeds if the land is registered, or if unregistered, in the Registration Book
on the space provided therefor, in the Registry of Deeds for the province or city where the land
lies, and on the corresponding tax declaration in the office of the provincial, city and municipal
assessor concerned.

Within the same period, the accused shall submit to the court his compliance and his failure to do
so shall be sufficient cause for the cancellation of the property bond and his re-arrest and detention.
(11a)

Section 12. Qualifications of sureties in property bond. — The qualification of sureties in a

property bond shall be as follows:

(a) Each must be a resident owner of real estate within the Philippines;

(b) Where there is only one surety, his real estate must be worth at least the amount of the
undertaking;

(c) If there are two or more sureties, each may justify in an amount less than that expressed
in the undertaking but the aggregate of the justified sums must be equivalent to the whole
amount of bail demanded.

In all cases, every surety must be worth the amount specified in his own undertaking over and
above all just debts, obligations and properties exempt from execution. (12a)

Section 13. Justification of sureties. — Every surety shall justify by affidavit taken before the
judge that he possesses the qualifications prescribed in the preceding section. He shall describe the
property given as security, stating the nature of his title, its encumbrances, the number and amount
of other bails entered into by him and still undischarged, and his other liabilities. The court may
examine the sureties upon oath concerning their sufficiency in such manner as it may deem proper.
No bail shall be approved unless the surety is qualified. (13a)
Section 14. Deposit of cash as bail. — The accused or any person acting in his behalf may deposit
in cash with the nearest collector or internal revenue or provincial, city, or municipal treasurer the
amount of bail fixed by the court, or recommended by the prosecutor who investigated or filed the
case. Upon submission of a proper certificate of deposit and a written undertaking showing
compliance with the requirements of section 2 of this Rule, the accused shall be discharged from
custody. The money deposited shall be considered as bail and applied to the payment of fine and
costs while the excess, if any, shall be returned to the accused or to whoever made the deposit.
(14a)

Section 15. Recognizance. — Whenever allowed by law or these Rules, the court may release a
person in custody to his own recognizance or that of a responsible person. (15a)

Section 16. Bail, when not required; reduced bail or recognizance. — No bail shall be required
when the law or these Rules so provide.

When a person has been in custody for a period equal to or more than the possible maximum
imprisonment prescribe for the offense charged, he shall be released immediately, without
prejudice to the continuation of the trial or the proceedings on appeal. If the maximum penalty to
which the accused may be sentenced is destierro, he shall be released after thirty (30) days of
preventive imprisonment.

A person in custody for a period equal to or more than the minimum of the principal penalty
prescribed for the offense charged, without application of the Indeterminate Sentence Law or any
modifying circumstance, shall be released on a reduced bail or on his own recognizance, at the
discretion of the court. (16a)

Section 17. Bail, where filed. — (a) Bail in the amount fixed may be filed with the court where
the case is pending, or in the absence or unavailability of the judge thereof, with any regional trial
judge, metropolitan trial judge, municipal trial judge, or municipal circuit trial judge in the
province, city, or municipality. If the accused is arrested in a province, city, or municipality other
than where the case is pending, bail may also be filed with any regional trial court of said place,
or if no judge thereof is available, with any metropolitan trial judge, municipal trial judge, or
municipal circuit trial judge therein.

(b) Where the grant of bail is a matter of discretion, or the accused seeks to be released on
recognizance, the application may only be filed in the court where the case is pending,
whether on preliminary investigation, trial, or on appeal.

(c) Any person in custody who is not yet charged in court may apply for bail with any court
in the province, city, or municipality where he is held. (17a)

Section 18. Notice of application to prosecutor. — In the application for bail under section 8 of
this Rule, the court must give reasonable notice of the hearing to the prosecutor or require him to
submit his recommendation. (18a)
Section 19. Release on bail. — The accused must be discharged upon approval of the bail by the
judge with whom it was filed in accordance with section 17 of this Rule.

Whenever bail is filed with a court other than where the case is pending, the judge who accepted
the bail shall forward it, together with the order of release and other supporting papers, to the court
where the case is pending, which may, for good reason, require a different one to be filed. (19a)

Section 20. Increase or reduction of bail. — After the accused is admitted to bail, the court may,
upon good cause, either increase or reduce its amount. When increased, the accused may be
committed to custody if he does not give bail in the increased amount within a reasonable period.
An accused held to answer a criminal charge, who is released without bail upon filing of the
complaint or information, may, at any subsequent stage of the proceedings and whenever a strong
showing of guilt appears to the court, be required to give bail in the amount fixed, or in lieu thereof,
committed to custody. (20a)

Section 21. Forfeiture of bond. — When the presence of the accused is required by the court or
these Rules, his bondsmen shall be notified to produce him before the court on a given date and
time. If the accused fails to appear in person as required, his bail shall be declared forfeited and
the bondsmen given thirty (30) days within which to produce their principal and to show cause
why no judgment should be rendered against them for the amount of their bail. Within the said
period, the bondsmen must:

(a) produce the body of their principal or give the reason for his non-production; and

(b) explain why the accused did not appear before the court when first required to do so.

Failing in these two requisites, a judgment shall be rendered against the bondsmen, jointly and
severally, for the amount of the bail. The court shall not reduce or otherwise mitigate the liability
of the bondsmen, unless the accused has been surrendered or is acquitted. (21a)

Section 22. Cancellation of bail. — Upon application of the bondsmen, with due notice to the
prosecutor, the bail may be cancelled upon surrender of the accused or proof of his death.

The bail shall be deemed automatically cancelled upon acquittal of the accused, dismissal of the
case, or execution of the judgment of conviction.

In all instances, the cancellation shall be without prejudice to any liability on the bond. (22a)

Section 23. Arrest of accused out on bail. — For the purpose of surrendering the accused, the
bondsmen may arrest him or, upon written authority endorsed on a certified copy of the
undertaking, cause him to be arrested by a police officer or any other person of suitable age and
discretion.

An accused released on bail may be re-arrested without the necessity of a warrant if he attempts to
depart from the Philippines without permission of the court where the case is pending. (23a)
Section 24. No bail after final judgment; exception. — No bail shall be allowed after the judgment
of conviction has become final. If before such finality, the accused has applies for probation, he
may be allowed temporary liberty under his bail. When no bail was filed or the accused is incapable
of filing one, the court may allow his release on recognizance to the custody of a responsible
member of the community. In no case shall bail be allowed after the accused has commenced to
serve sentence. (24a)

Section 25. Court supervision of detainees. — The court shall exercise supervision over all persons
in custody for the purpose of eliminating unnecessary detention. The executive judges of the
Regional Trial Courts shall conduct monthly personal inspections of provincial, city, and
municipal jails and their prisoners within their respective jurisdictions. They shall ascertain the
number of detainees, inquire on their proper accommodation and health and examine the condition
of the jail facilities. They shall order the segregation of sexes and of minors from adults, ensure
the observance of the right of detainees to confer privately with counsel, and strive to eliminate
conditions inimical to the detainees.

In cities and municipalities to be specified by the Supreme Court, the municipal trial judges or
municipal circuit trial judges shall conduct monthly personal inspections of the municipal jails in
their respective municipalities and submit a report to the executive judge of the Regional Trial
Court having jurisdiction therein.

A monthly report of such visitation shall be submitted by the executive judges to the Court
Administrator which shall state the total number of detainees, the names of those held for more
than thirty (30) days, the duration of detention, the crime charged, the status of the case, the cause
for detention, and other pertinent information. (25a)

Section 26. Bail not a bar to objections on illegal arrest, lack of or irregular preliminary
investigation. — An application for or admission to bail shall not bar the accused from challenging
the validity of his arrest or the legality of the warrant issued therefor, or from assailing the
regularity or questioning the absence of a preliminary investigation of the charge against him,
provided that he raises them before entering his plea. The court shall resolve the matter as early as
practicable but not later than the start of the trial of the case. (n)

Petition for Cancellation of Bail before High Court (In Pakistan)

IN THE LAHORE HIGH COURT, RAWALPINDI BENCH, RAWALPINDI

Crl. Misc No. BC/2010

In the matter of:
Khaqaan Danial s/o Allah Ditta, r/o Upper Aliot, Tehsil Murree, District Rawalpindi.

…Petitioner
VERSUS

1. Muhammad Usman s/o Muhammad Zakir, Caste Abbasi, r/o Upper Aliot, Murree District Rawalpindi.
2. The State.
…Respondents

PETITION UNDER SECTION 497(5) Cr.P.C FOR THE CANCELLATION OF BAIL IN CASE FIR NO. 499
DATED 18-09-2007, OFFENCE UNDER SECTION 302/24 PPC REGISTERED AT P.S MURREE,
DISTRICT RAWALPINDI

Respectfully Sheweth!

1. That the petitioner is an unfortunate father of Tasleem Akhtar (deceased) and complainant of
aforementioned FIR. The brief facts leading to the instant petition are that on 18-09-07, respondent No.1
brutally assassinated the young daughter of the petitioner with the help of his mother and sister. (Copy of
FIR is annexed herewith as Annexure-A)
2. That the respondent No.1 filed his bail after arrest which was entrusted to the court of Mr. Khalid
Mehmood Ranjha, the learned ASJ Rawalpindi who was pleased to grant his bail on the ground of tender-
age while relying upon a fabricated school leaving certificate and that of NADRA record. The respondent
No.1 was allowed bail on 21-11-08. (Copy of bail granting order is annexed herewith as Annexure-B)
3. That during the course of trial, the respondent No.1 moved an application for his trial under Juvenile
Justice System which was objected by the prosecution and the learned trial judge was pleased to send the
matter to DHQ Rawalpindi for holding of ossification test of respondent No.1.
4. That on the direction of the learned ASJ, a medical board was convened for ossification test of the
respondent No.1 and the medical board submitted their report bearing Sr. No.262 dated 29-04-09 and
hold the age of the respondent No.1 between 22 – 25 years at the time of occurrence.
5. That the respondent No.1 was allowed bail after arrest merely on the ground of tender-age (less than 18
years) whereas the ossification test (age-determination) reveals that the age of the respondent No.1 as
minimum 20-years at the time of occurrence i.e 18-09-2007. (Copy of age assessment report dated 29-04-
09 is annexed herewith as Annexure-C)
6. That after getting the bail after arrest granted by the learned ASJ Rawalpindi, the respondent No.1
always misused the concession of bail and at times, criminally, illegally and forcibly trespassed into the
house of the petitioner and threatened the petitioner, his wife and daughter of dire consequences which
includes murder of the petitioner and his family members regarding which the matter was reported to
Numberdar of the area who also verified the occurrence and submitted his report on 11-12-2008 which is
also available in Judicial File.
7. That the matter does not end here, the respondent No.1 continued threatening the petitioner and his
family members, resultantly, the petitioner has filed a petition U/S 22-A and 22-B of Cr.P.C and sought
the indulgence of learned ASJ for getting a criminal case registered against the respondent No.1 and the
same was entrusted to Mr. Sajjad Hussain Sindhar, learned ASJ who disposed off the petition while giving
a direction to the concerned police on 13-06-09 and consequently and ultimately a FIR bearing No.373
dated 25-07-09 offence U/S 506 PPC was registered at P.S Murree District Rawalpindi against respondent
No.1 (Copy of petition U/S 22-A along with order dated 13-06-09 and FIR bearing No.373 is annexed
herewith as Annexure-D)
8. That the heinous offence of murder was committed by respondent No.1 who is a hardened and
disparate criminal, was not entitle to any concession or grace therefore, the grant of bail not only
prejudice to the prosecution but also the prosecution witnesses are under pressure, threat and coercion at
the hands of respondent No.1.
9. That the act of respondent No.1 of threatening the petitioner and his family members, amounts to
temper the prosecution evidence and the prosecution witnesses are under pressure, coercion and
apprehends a danger to their lives at the hands of respondent No.1.
10. That the petitioner filed petition Under Section 497(5) Cr.P.C for cancellation of the bail of respondent
No.1 before the court of learned Sessions Judge, Rawalpindi which was declined vide order dated 29-10-
2009 by Mr. Sajjad Hussain Sindhar, the learned ASJ Rawalpindi, hence this petition. (Copy of petition
along with order dated 29-10-09 is annexed herewith as Annexure-E)
11. That the petitioner seeks the cancellation of bail of respondent No.1 inter-alia on the followings:-

GROUNDS

a. That the learned ASJ declined the cancellation petition of the petitioner on surmises and conjectures.
b. That there is sufficient material on record to connect the respondent No.1 with the commission of crime
and specific role was attributed to him in the FIR.
c. That the respondent No.1 is nominated in the FIR with specific role, hence the order dated 29-10-2009
of the learned ASJ Rawalpindi is without any lawful justification.
d. That the order passed by learned ASJ Rawalpindi is illegal, arbitrary one and against the norms of the
natural justice.
e. That the learned ASJ Rawalpindi did not consider the valuable evidence available on the record.
f. That there is no malafide on the part of the present petitioner and enmity of the police with the
respondent No.1 was pointed out, hence the respondent No.1 is not entitled to any concession of bail.
g. That there is reasonable chance for tampering with prosecution evidence by the respondent No.1, thus
he is not entitled to any concession of bail.
h. That there is the reasonable chance of absconsion of the respondent No.1.
i. That the learned ASJ Rawalpindi also ignored the all other important aspect of the case, which is
necessary for rejection of the bail.
j. That the respondent No.1 is misusing the grant of bail and continuously threatening the petitioner for
dire consequences and also put undue pressure upon the petitioner for the compromise.
k. That if the bail granting order passed by the learned ASJ Rawalpindi is not recalled, the petitioner shall
suffer an irreparable loss.

In the above mentioned circumstances, it is therefore, most respectfully prayed that the instant petition
may kindly be accepted and bail granting order dated 21-11-2008 to the respondent No.1 may kindly be
recalled and post arrest bail granted to him may kindly be cancelled which is in the interest of the justice.
Petitioner
Through

COUNSEL