Under the Criminal Procedure Code of Pakistan, a person who suffers a cognizable offence against his person may under section 154 of the Criminal Code approach the police station in whose jurisdiction the offence has occurred and ask the police officer on duty to register a First Information Report. Should the police refuse to register a First Information Report the complainant can approach a court of law under section 22-A of the Code to compel the police officer to register the report. The accused would then attempt to secure a bail before arrest under section 498 of the code. The counsel for the accused would attempt to show the court that the offence(s) are bailable and would attempt to dispute the commission of any non bailable offence. Once a bail before arrest has bee granted the investigation of the police commences and the future confirmation and non confirmation of the bail would depend on how the investigation of the police progresses.
The Firm is presently engaged in the above process in defending the employees of a five star international hotel franchise in Pakistan. The process involves the lawyers of the Firm conducting their own investigation of the matter including questioning of witnesses, accused, review of evidence such as CCTC footage in order to better advise the accused on how they should assist the police in the investigation.
The process is complex and requires constant advise to in house counsel by our layers. The matter is spear headed by Mr. Yousaf Amanat and Mr. Khawar Shah Advocate Supreme Court of Pakistan.
