Statutory Bail Calculator
Under the third proviso to Section 497(1) CrPC, a court shall release an accused on bail where they have been detained continuously for more than one year (six months for a woman) for an offence not punishable with death, or more than two years (one year for a woman) for an offence punishable with death, the trial has not concluded, and the delay was not caused by the accused or anyone acting on their behalf.
This calculator gives general information about Pakistani law, not legal advice on your case. Nothing you enter is sent anywhere or stored: the calculation runs entirely in your browser.
The conditions the court checks
- Continuous detention beyond the statutory period, counted from arrest. Time spent on bail interrupts it.
- The trial has not concluded.
- The delay was not caused by an act or omission of the accused or anyone acting on their behalf, including defence counsel. Adjournments sought by the defence, non-appearance or tactical delay can defeat the claim.
- Exclusions. The proviso does not apply to a person previously convicted of an offence punishable with death or life imprisonment, or to someone the court considers a hardened, desperate or dangerous criminal.
The Sindh High Court has described relief under the proviso as a statutory right, mandatory in nature and not left to the court's discretion. It applies even to offences within the prohibitory clause: a serious charge changes the period from one year to two, but does not remove the ground. See our full guide to statutory bail for delay in trial.
What to gather
- The date of arrest and proof of continuous custody since
- The FIR and the sections charged, which decide whether the one-year or two-year period applies
- The trial court record showing who sought each adjournment, the single most important document
- Earlier bail orders, and any High Court direction to conclude the trial
Special laws
Some special statutes, such as the anti-terrorism and narcotics laws, contain their own bail provisions. Where a charge is under a special law, check how those provisions interact with Section 497 before relying on the date above.
Common questions
What is statutory bail in Pakistan?
Bail granted under the third proviso to Section 497(1) CrPC because of delay in concluding the trial, rather than on the merits of the case. Where the statutory period has passed and the delay is not the accused's fault, the court shall direct release.
How long must someone be in custody before statutory bail applies?
More than one year of continuous detention for an offence not punishable with death, or more than six months if the accused is a woman. For an offence punishable with death, the periods are two years, or one year for a woman. The trial must still be unconcluded.
Does time on bail count towards the period?
No. The detention must be continuous and the period runs from arrest, so time spent on bail interrupts it. If someone was released and later re-arrested, count from the most recent arrest.
What can defeat a statutory bail application?
Delay caused by the accused or their counsel, such as repeated defence adjournments, non-appearance or tactical delay. The proviso also excludes previously convicted offenders in death or life-imprisonment cases, and anyone the court considers a hardened, desperate or dangerous criminal.
Can statutory bail be cancelled later?
Yes. Under Section 497(5) CrPC bail may be cancelled if it is misused, including by tampering with evidence, threatening witnesses, or causing delay in concluding the trial.
Related guides
- Statutory bail: when delay makes bail a rightThe third proviso to Section 497(1) CrPC in detail.→
- Pre-arrest bail in PakistanSection 498 CrPC and when it is available.→
- Criminal and bail lawyers in KarachiFrom the FIR through trial, bail and appeal.→
- Zamanat (bail) guide in Roman UrduBail ke baare mein Karachi guide.→
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