Bail is the most argued question in our criminal courts, and the result of a bail petition often looks unpredictable. Our new research paper reads 33 reported judgments in full (23 of the Supreme Court and 10 of the Peshawar, Lahore, Sindh, Islamabad and Balochistan High Courts, 2009 to 2026) to find out what actually makes a court grant bail, and what makes it refuse.

What the judgments show

1. Reasonable grounds must come from the prosecution. In Zaigham Ashraf v. The State (2016 SCMR 18) the Supreme Court held that the prosecution must show it holds sufficient material; the accused only has to show reasonable doubt.

2. In non-prohibitory offences bail is the rule and refusal the exception (Muhammad Tanveer, PLD 2017 SC 733). Whether an offence is prohibitory depends on the maximum sentence (Jabran, 2025 SCMR 1099).

3. Women, juveniles and the sick are treated the same way, whatever the offence (Tahira Batool, PLD 2022 SC 764; Mst. Ghazala, 2023 SCMR 887), though narcotics cases remain an exception in practice (Mst. Saima Bibi, 2025 PCrLJ 969).

4. Statutory delay is an independent right. Time runs from arrest (Shakeel Shah, 2022 SCMR 1), and the hardened-criminal exception needs real material, not just the seriousness of the charge (Noor Agha, 2025 SCMR 1679).

5. Bail is usually granted where the investigation contradicts the FIR, the investigation is weak, there are genuine cross-versions, or the forensic report does not support the role.

6. Bail is usually refused where the accused has a specific fatal role, supported by medical evidence, a prompt FIR, injured witnesses and recovery (Rashid Ramzan, 2022 SCMR 2111; Abdur Rehman, 2026 MLD 1351, Peshawar High Court).

7. Pre-arrest bail is an extraordinary remedy that needs mala fide (Rana Abdul Khaliq, 2019 SCMR 1129), but mala fide may be inferred from the facts (Khalil Ahmed Soomro, PLD 2017 SC 730).

The paper also sets out six points where the case law pulls in different directions, and a practical checklist for counsel on both sides.

Download the full paper (free PDF): https://arbitratorandlaw.com/resources/research/9/file

More free legal research: https://arbitratorandlaw.com/resources

Adv. Syed Zeshan Hashmi, Advocate High Court
The Arbitrator & Law Associates, Opposite Prime Hospital, Ring Road, Peshawar | 0313-4859592

This article is general information, not legal advice on any particular case.