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Criminal Defence & Bail Matters

Arrest, Bail & Remand

The hours after an arrest matter more than almost anything that follows. We act quickly on bail, resist unnecessary remand, and make sure the person in custody is dealt with according to law rather than convenience.

Code of Criminal Procedure 1898 (as amended 2026)Constitution, arts. 32-35
Rights, remand and bail in the first 24 hours after an arrest in Bangladesh

Bail, anticipatory bail and remand in Bangladesh

We appear at every stage that decides whether someone stays in custody: the first production before the magistrate, opposition to police remand, bail before the Magistrate and the Sessions Court, and bail applications to the High Court Division where the courts below refuse. We also act where an arrest itself was unlawful.

Bail

Bail is decided on the offence, the state of the evidence, the risk of absconding or interference, and the personal circumstances of the accused. We prepare the application with the grounds and documents that actually move a court, rather than filing and hoping. Where bail is refused below, we take it to the High Court Division.

Remand

Police remand takes a person out of judicial custody and into police custody for questioning. It is not automatic. The Code of Criminal Procedure (Amendment) Act 2026 now limits how long remand may be granted and requires a medical examination where the person is injured or unwell. We appear to oppose it, to limit it, and to press for every safeguard the Code and the courts require.

Unlawful arrest

Since the 2026 amendments, police making an arrest must disclose their identity, prepare an arrest memo and inform a family member, and the power to arrest without warrant under section 54 has been narrowed. Where an arrest is made without lawful basis, or these steps are ignored, that is itself a ground to challenge the detention and, in a proper case, to move the High Court Division.

Call before the first production if you possibly can. That hearing often sets the shape of the whole case, and a person who is unrepresented at that moment can end up on remand a prepared advocate would have resisted.

What helps

  • The case details if known: police station, case number, sections
  • The arrest memo and any seizure list
  • Identity and address documents for sureties
  • Medical records where health is a ground
  • Details of employment, family and ties to the area

Where it is heard, and how long it takes

Bail is heard first by the Magistrate or the Sessions Judge depending on the offence, and can be moved to the High Court Division if refused. An urgent bail application can often be moved within days. Remand is decided at the production hearing, which is why being present matters.

Illustration representing bail and remand hearings
What we do first
1

Find the person and the case

We confirm where the person is held, the police station, the case and the sections alleged.

2

Attend the production

We appear at the first production to oppose remand and to apply for bail.

3

Move bail properly

We prepare and argue bail with the grounds, sureties and documents the court needs.

4

Escalate if refused

Where bail is refused below, we take the application to the High Court Division.

Urgent bail can often be moved within days.Book a Consultation

Read the free guides first

Most of what clients ask at a first meeting is answered step by step in our free guides. Read the ones below first; book a consultation when you want the chamber to act.

Common questions

Can bail be arranged before arrest?

In appropriate cases an anticipatory approach to the High Court Division can be considered, depending on the offence and the circumstances. Speak to us before an arrest happens rather than after.

How long can police remand last?

Remand is not open-ended and must be justified to the magistrate. The 2026 amendments to the Code of Criminal Procedure set limits on remand, and the courts have laid down safeguards on how it is granted and how a person must be treated. We appear to hold the prosecution to them.

Does bail mean the case is over?

No. Bail only decides whether the accused waits for trial in custody or outside it. The case continues, and defending it is separate work we also do.

Is section 420 bailable? What about 406, 323, 506 and 307?

Under the Second Schedule to the CrPC, cheating (s.420) and simple hurt (s.323) are bailable, so bail is a right. Criminal breach of trust (s.406) and attempt to murder (s.307) are non-bailable, so bail is at the court’s discretion. Criminal intimidation (s.506) is listed as bailable, but where the threat is to kill or cause grievous hurt, courts treat it far more strictly.

How much does bail cost?

There is no government fee for bail. You pay the lawyer’s fee, and one or more sureties sign the bail bond. The fee depends on the court and the offence; we quote after seeing the FIR or case papers.

Can bail be cancelled after it is granted?

Yes. The court can cancel bail if the accused misses hearings, threatens witnesses, tampers with evidence or breaks a bail condition. Attend every date, or have your lawyer apply for exemption in advance.

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Act quickly on bail and remand

The first hearing shapes everything that follows. A written assessment costs nothing.

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