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HomeLegal ServicesCriminal LawyerPost-Arrest Bail

Post-Arrest Bail in Lahore — Sections 496 & 497 CrPC

When a person is arrested, bail is the first battle. In bailable offences, release on bail is a right (s.496 CrPC). In non-bailable offences, bail under s.497 CrPC is discretionary — but for offences outside the prohibitory clause (not punishable with death, life, or 10 years), settled law is that bail is granted as a rule and refused as an exception. IMAAR's criminal lawyers file and argue post-arrest bail before Magistrates, Sessions Courts and the Lahore High Court — treated as urgent from the first call.

Grounds on Which Post-Arrest Bail Is Granted

Governing Law

Code of Criminal Procedure 1898, s.496 — bail as of right in bailable offences; s.497 — bail in non-bailable offences, further inquiry, provisos on delay; s.498bail before arrest; s.497(5) — cancellation of bail.

How We Handle an Arrest — Hour by Hour

  1. Immediate contact. Call or WhatsApp the FIR number/police station. We confirm the offence sections, the court, and whether the offence is bailable — many families lose days not knowing it was bailable all along.
  2. Physical remand stage. We appear at the first production before the Magistrate to oppose or limit physical remand.
  3. Bail filing. Bailable: bail as of right, moved at once. Non-bailable: application drafted on the strongest s.497 grounds and filed before the proper court.
  4. Argument & sureties. We argue at the earliest hearing and have sureties ready in advance so release is same-day once bail is granted.
  5. Escalation. If declined at Sessions, we move the Lahore High Court immediately — and prepare the trial defence in parallel so bail arguments and trial strategy never conflict.

What the family should arrange: FIR copy, accused's CNIC, two sureties with CNICs and proof of means, and any documents showing false implication. Nothing else — and no statements to anyone.

Frequently Asked Questions

What's the difference between bailable and non-bailable offences?
Bailable: bail is a right under s.496 — the court must release on bail. Non-bailable: discretionary under s.497 — but outside the prohibitory clause, bail is the rule and refusal the exception.
How quickly is a bail application decided?
Bail is treated as urgent. Magistrate/Sessions applications are typically heard within days of filing, and the High Court also expedites bail matters.
What happens after bail is granted?
Bail bonds with sureties are furnished in the amount fixed and the accused is released — then must appear at every hearing; absence risks cancellation and surety forfeiture.
Can bail be cancelled?
Yes — for misuse: tampering with evidence, threatening witnesses, absconding, or repeating the offence. We brief every client on conduct after release.
The police haven't registered our FIR / arrested the wrong person.
Both have remedies — 22-A petitions for FIR registration, and habeas corpus for illegal detention. See our criminal defence services.

Every Day in Custody Matters — Move Today

Send the FIR and arrest details now; we confirm the bail route and act the same day.

Speak Directly to Our Advocate

ہمارے وکیل سے براہِ راست بات کریں

Abdur Rehman Sandhu, Advocate

Content reviewed by Abdur Rehman Sandhu, Attorney of the High Court. Last reviewed: July 2026. General information, not legal advice.

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