Criminal law · For advocates
Cancel the bail? Show it was perverse.
In short
Misuse of bail, tampering with witnesses, risk of repetition or absconding, or a bail order that is perverse: passed by ignoring material evidence or relying on irrelevant material (2022 PCrLJ 1327; 2020 SCMR 2089).
By the FAI Legal editorial desk · 12 October 2026 · 11 slides · 2 min read
The power.
Section 497(5), CrPC.
“A High Court or Court of Session and, in the case of a person released by itself, any other Court may cause any person who has been released under this section to be arrested and may commit him to custody.”
Code of Criminal Procedure, 1898 · Section 497(5), When bail may be taken in case of non-bailable offence
Who can cancel?
Read the subsection closely.
- High CourtBail granted under s.497 by any court.
- Court of SessionThe same power.
- Any other courtOnly bail it granted itself.
The usual grounds.
Lahore High Court, 2022 PCrLJ 1327.
- MisuseCausing fear and alarm to the complainant or witnesses.
- TamperingWitnesses likely to be won over.
- Repeat or runLikely to repeat the offence, or to abscond.
- Bad orderArbitrary, capricious and against the evidence.
Quick quiz. Ignored evidence.
Guess first, then swipe for the answer.
- A. No, bail is discretionary
- B. Yes, the order is perverse
- C. Only if he absconds
Answer: B. Perverse.
The Supreme Court.
- 2020 SCMR 2089An order passed by ignoring material evidence, or relying on irrelevant material, is perverse and can be cancelled.
- 2021 SCMR 302Bail cancelled where the High Court's grounds were not borne out by the record, including the FSL report.
Myth or fact?
What complainants hope.
- Myth: A different view of the evidence is enough to cancel bail.
- Fact: No. Only a patently perverse order goes. The possibility of an alternate view is not sufficient (2023 PCrLJ 421, Islamabad High Court).
The high bar.
Supreme Court, 2016 SCMR 676.
- Slow to interfereA discretionary bail order stands unless it is against the record, perverse or unreasonable.
- Weight of evidencePerverse includes an order entirely against the weight of the evidence (2020 SCMR 2089).
Build the application.
Three things on the record.
- The orderPoint to each piece of material it ignored or misread.
- The conductThreats or approaches to witnesses since bail, with dates and proof.
- The prayerArrest and commit to custody under s.497(5).
Draft it with FAI.
Ask FAI in your own words. It answers with the exact section and the leading judgments.
- Grounds for cancellation of bail under 497(5) CrPC, Supreme Court cases since 2020.
- Draft an application for cancellation of bail for threatening witnesses.
Example questions
What this does not mean
- A different view of the evidence is not enough to cancel bail. Only a patently perverse order goes (2023 PCrLJ 421, Islamabad High Court).
- A court other than the High Court or Court of Session can cancel only bail it granted itself (s.497(5)).
- Courts are slow to interfere with a discretionary bail order unless it is against the record, perverse or unreasonable (2016 SCMR 676).
Questions people ask
What are the grounds for cancellation of bail in Pakistan?
The usual grounds are misuse of bail by causing fear to the complainant or witnesses, tampering with witnesses, a likelihood of repeating the offence or absconding, and a bail order that is arbitrary, capricious and against the evidence (2022 PCrLJ 1327).
Which court can cancel bail under section 497(5) CrPC?
The High Court and the Court of Session can cancel bail granted under s.497 by any court. Any other court can cancel only bail it granted itself.
Can bail be cancelled if the accused threatens witnesses?
Yes, misuse of bail and tampering with witnesses are recognised grounds. Set out the threats or approaches since bail with dates and proof, and pray for arrest and committal to custody under s.497(5).
What is a perverse bail order?
An order passed by ignoring material evidence, or by relying on irrelevant material, is perverse and can be cancelled (2020 SCMR 2089). This includes an order entirely against the weight of the evidence.
Is a different view of the evidence enough to cancel bail?
No. The possibility of an alternate view is not sufficient. Only a patently perverse order is set aside (2023 PCrLJ 421).
Sources
- Code of Criminal Procedure, 1898 · Section 497(5)
When bail may be taken in case of non-bailable offence Pakistan Code
Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review. How we check.
