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.
- Attorney of the High Court
- Lahore Bar No. 7712-A
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Grounds on Which Post-Arrest Bail Is Granted
- Further inquiry (s.497(2)) — reasonable grounds to doubt the accused's guilt on the material collected;
- Outside the prohibitory clause — offence not punishable with death, life or ten years: bail is the rule;
- Statutory delay — trial not concluded within the periods contemplated by the third/fourth provisos to s.497(1), without fault of the accused;
- Hardship categories — medical grounds, women, minors, and aged or infirm accused;
- Mala fide prosecution — enmity-driven, exaggerated or delayed FIRs, contradictions in the record;
- No recovery / completed investigation — where the accused is no longer required for investigation.
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.498 — bail before arrest; s.497(5) — cancellation of bail.
How We Handle an Arrest — Hour by Hour
- 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.
- Physical remand stage. We appear at the first production before the Magistrate to oppose or limit physical remand.
- 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.
- Argument & sureties. We argue at the earliest hearing and have sureties ready in advance so release is same-day once bail is granted.
- 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?
How quickly is a bail application decided?
What happens after bail is granted?
Can bail be cancelled?
The police haven't registered our FIR / arrested the wrong person.
Every Day in Custody Matters — Move Today
Send the FIR and arrest details now; we confirm the bail route and act the same day.
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Content reviewed by Abdur Rehman Sandhu, Attorney of the High Court. Last reviewed: July 2026. General information, not legal advice.