Bail in Pakistan: Section 497 and 498 CrPC Explained

Bail is the release of an accused person from custody on furnishing security for appearance before the court. In Pakistan, bail is governed mainly by Sections 496 to 498 of the Code of Criminal Procedure, 1898 (CrPC).

Bailable and non-bailable offences

Schedule II of the CrPC classifies each offence as bailable or non-bailable. In a bailable offence, bail is a matter of right under Section 496 — the police or court must release the accused on furnishing bail. In a non-bailable offence, bail is at the discretion of the court under Section 497.

Post-arrest bail — Section 497 CrPC

An accused already arrested in a non-bailable offence may apply for bail under Section 497. Key principles:

• Prohibitory clause: where there appear reasonable grounds for believing the accused is guilty of an offence punishable with death, imprisonment for life or imprisonment for ten years, bail is ordinarily not granted.
• Further inquiry: under Section 497(2), where there are sufficient grounds for further inquiry into the guilt of the accused, bail may be granted as of right.
• Special categories: the court may grant bail to a woman, a minor under sixteen, or a sick or infirm person.
• Statutory delay: the third proviso to Section 497(1) provides for bail where the trial is not concluded within the prescribed periods, unless the delay is attributable to the accused.

Pre-arrest (protective) bail — Section 498 CrPC

Pre-arrest bail protects a person from arrest in a case where they apprehend arrest. It is an extraordinary relief. Courts generally expect the petitioner to show that the proposed arrest is motivated by mala fide or ulterior motives, such as humiliation, and that the case is otherwise fit for bail on merits.

The petitioner must usually appear in person before the court. Protective (transitory) bail may also be sought from the High Court to allow the accused to approach the competent court.

Drafting a bail application

• Heading with the court, FIR number, police station and offence sections.
• Brief facts of the prosecution case as per the FIR.
• Grounds: false implication, delay in FIR, no direct role, case of further inquiry, co-accused already on bail, offence outside the prohibitory clause, etc.
• Prayer and undertaking to furnish surety.

AOMS includes ready templates for post-arrest and pre-arrest bail applications in its AI assistant — type “draft a bail application” to get a first draft to edit.

Cancellation of bail

Bail may be cancelled under Section 497(5) if, for example, the accused misuses the concession, tampers with evidence or threatens witnesses.