Bailable vs non-bailable
The Schedule II of CrPC marks each offence as bailable or non-bailable. For bailable offences (e.g., simple hurt — PPC s.337-A(i)) bail is a right. For non-bailable offences (e.g., murder — PPC s.302) bail is at the court's discretion.
Anticipatory bail (CrPC s.498)
If you reasonably fear arrest, your lawyer can move the High Court or Sessions Court under CrPC s.498 for pre-arrest bail. The court considers: malafide of the complainant, prima facie weakness of the case, antecedents of the accused.
Documents you need
- Copy of the FIR (or the apprehension grounds for s.498)
- Surety affidavits (usually two)
- Surety property documents OR cash equivalent
- CNIC of accused + sureties