Which bail does he need?

Start here.

One question decides the route.

Not arrested yet.

High Court or Court of Session. Section 498.

• The courtHigh Court or Court of Session.
• The testShow the arrest is planned to harm you: mala fide.
• Supreme Court of PakistanCrl. P. 275 of 2021, 17 Nov 2021.

A dowry decree. Then an FIR.

Supreme Court of Pakistan, Crl. P. 119-L of 2022, 21 Feb 2023.

• The decreeA sister wins back her dowry articles.
• The FIRHer husband names her brother for theft, and hides the decree.
• The resultMala fide shown. Bail before arrest confirmed.

Arrested. Now what?

Check Schedule II of the CrPC: bailable or not?

Bailable: a right.

Section 496, CrPC.

“When any person other than a person accused of a non-bailable offence is arrested or detained without warrant ... and is prepared at any time while in the custody of such officer or at any stage of the proceedings, before such Court to give bail, such person shall be released on bail.”

Code of Criminal Procedure 1898 · s.496, In what cases bail to be taken

Non-bailable: the big test.

Section 497(1).

Even then: the exceptions.

Section 497, provisos and 497(2).

• Under 16, a woman, sick or infirmThe court may grant bail.
• Held too long1 year without the trial ending (a woman 6 months). Death cases: 2 years (a woman 1 year).
• Not ifThe delay is his own doing, or he is a past convict in death or life cases.
• Further inquiryNo reasonable grounds yet: bail, s.497(2).

The whole map, one slide.

The slide to keep.

• Not arresteds.498: High Court or Sessions. Show mala fide.
• Bailables.496: a right.
• Non-bailables.497: the court decides. Death, life or 10 years is the hard line.
• A long waits.497 proviso: bail after the time limits.

Someone arrested?

Ask FAI which section fits.

• My brother was arrested under section 380 PPC. Is it bailable?
• What must I show for pre-arrest bail under section 498?

Example questions

Sources

• Code of Criminal Procedure 1898 · s.496
  In what cases bail to be taken