Bail Applications in Pakistan

Bail law in Pakistan is primarily contained in the Code of Criminal Procedure, 1898. Section 496 covers bailable offences where bail is a right. Section 497 covers non-bailable offences where bail is at court's discretion. Section 498 covers pre-arrest bail.

• Section 496 — Bailable Offences (Right to Bail)
• Section 497 — Non-Bailable Offences (Discretionary)
• Section 498 — Pre-Arrest Bail
• Protective & Transit Bail

In bailable offences, bail is a matter of right under Section 496 Cr.P.C. The accused must be released upon furnishing surety. For offences with sentence less than 2 years, bail will be granted as a right. In non-bailable offences, bail is at the court's discretion under Section 497 Cr.P.C.

• Bailable — Bail as a Right
• Non-Bailable — Court Discretion
• Death, Life, 10 Years — Stricter Conditions
• Right to Bail for Less Than 2 Years

Under Section 497 Cr.P.C., bail becomes a statutory right if the trial is not concluded within 1 year (or 6 months for women), or within 2 years for death penalty cases. The delay must not be attributable to the accused. This right is controlled by the provision, not the court's discretion.

• 1 Year — General Cases
• 6 Months — Women Accused
• 2 Years — Death Penalty Cases
• Delay Must Not Be Attributable to Accused