Warrant Recall Petition in Bangladesh: Procedure and Format (2026)

by Barrister Tahmidur Rahman | Oct 20, 2026 | Criminal Law, Insights | 0 comments

TRW Insight / Bangladesh

A warrant of arrest in Bangladesh never expires; only the court that issued it can cancel it. The recall petition, filed on the day of surrender, decides whether the accused goes home or to jail, and it is won or lost in the drafting and the documents.

Updated 20 October 2026Legal insightBangladesh23 min read

Warrant recall petition Bangladesh: how cancellation of a warrant works in 2026

A warrant recall petition Bangladesh criminal courts hear is the application that asks the court which issued a warrant of arrest to cancel it, almost always filed on the day the accused surrenders and paired with a prayer for bail. It matters because section 75(2) of the Code of Criminal Procedure 1898 keeps every warrant in force until it is executed or cancelled by the issuing court.[1] No other office can make it go away: not the police station, not the complainant and not the passage of time.

This guide is about the petition itself: when recall is sought, which court in Dhaka and elsewhere decides it, how a surrender hearing runs, what the petition must say and attach, the bail test, recall at the proclamation stage, conviction warrants after a trial in absentia, fees and timelines, and the 2026 amendments. What a warrant is, how police execute it and how to check for one are covered in our guide to the arrest warrant in Bangladesh.

Warrant recall petition Bangladesh — advocate reviewing the order sheet and warrant before a surrender hearing
Every recall starts with the order sheet that issued the warrant

Summary: A warrant of arrest stays alive until the issuing court cancels it. The accused, through an advocate, files a recall petition in that court and appears in person on the same day; the court then decides recall, bail and the bond together. The petition must explain the absence with documents, disclose every earlier order, and offer sureties and conditions. Where the warrant follows a conviction in absentia, surrender leads to custody unless bail is available to present an appeal.

Key point: Recall is not bail. A court can cancel the warrant and still send the accused to jail, as happened to one of the co-accused in the Shafik Rehman case in September 2024, because the trial court had no power to bail a convict sentenced to more than one year. Plan the forum, the bail ground and the sureties before the accused walks into the courtroom.

At a glance

01

Issuing court only

Section 75(2) lets only the court that issued the warrant cancel it; police cannot recall a warrant.

02

Surrender first

The accused must be present in court; section 91 then allows the court to take a bond for appearance.

03

Explain the absence

A petition succeeds on documents: passport stamps, medical records, proof of a wrong address or an unserved summons.

04

Disclose prior orders

The High Court Division treats a convict who hides an earlier order or lets bail lapse as a fugitive.

05

2026 tools

Bail conditions under section 498(2), online bonds under section 499(3) and excused attendance under section 540A(3).

Table of Contents

What a warrant recall petition Bangladesh courts hear actually does

A warrant of arrest must be in writing, signed by the presiding officer and sealed by the court. Section 75(2) then provides that it remains in force until it is cancelled by the court which issued it, or until it is executed.[1] A recall petition invokes the first of those two endings. It asks the court to cancel its own process because the purpose of the warrant, securing the accused's attendance, has been achieved by voluntary appearance.

Practitioners in Dhaka shorten "warrant of arrest" to "WA", so the same document may appear on the order sheet as a "WA recall" or a surrender and bail petition. The label does not matter. What decides the outcome is the stage at which the warrant was issued and the reason the accused was absent.

Recall, bail and the bond are three separate orders

A single hearing normally produces three decisions. The first is whether the warrant is recalled. The second is whether the accused is released on bail or remanded to custody. The third is the amount and form of the bond and sureties. Section 91 allows a court to require any person present before it, for whose appearance it could issue a summons or warrant, to execute a bond with or without sureties for appearance.[1] Bail itself is governed by sections 496 and 497, discussed below.

The separation matters because the court can grant the first order and refuse the second. In September 2024 the journalist Shafik Rehman surrendered before an Additional Chief Metropolitan Magistrate in Dhaka in a case in which he had been convicted, applied for a copy of the case record and for recall of the warrant, and the court granted the recall. A co-accused who surrendered the day before was sent to jail; his lawyer said the court could not grant bail because the sentence exceeded one year.[6]

Recall is different from withdrawal at the prosecution's request

Warrants also end when their basis disappears. In February 2025 a Dhaka Speedy Tribunal withdrew the warrants against Tarique Rahman and others in the 21 August grenade attack case on the prosecution's petition, after the High Court Division had acquitted all the accused.[13] That is housekeeping. A warrant recall petition Bangladesh accused persons file is different: the case is live, and the court must be persuaded to trust the accused with his liberty.

When a recall petition is needed: the five stages

The content of the petition depends on why the warrant was issued. The table below summarises the five situations we see most often; the sections that follow explain each one. On a phone, scroll the table sideways.

Warrant recall in Bangladesh: stage, trigger and what the petition must address
StageProvisionWhat the petition must explainOrders to seek
Cognizance or charge sheetSection 204That the accused did not know of the case and is appearing voluntarilyRecall and bail
Non-appearance after summonsSection 90Why the recorded service was defective or why there was a reasonable excuseRecall, bail and excused attendance
Missed date while on bailSections 92 and 514The specific reason for the missed date, with proofRecall, restored bail, no forfeiture
Proclamation and attachmentSections 87 to 89No absconding to avoid the warrant and no notice of the proclamation in timeRecall, bail and release of property
Conviction in absentiaSections 339B and 426Surrender to pursue an appeal, with the appeal readyRecall and bail to present appeal

Warrant at cognizance or on a charge sheet

Where the second schedule provides for a warrant in the first instance, section 204(1) lets a magistrate taking cognizance issue a warrant, or a summons if he thinks fit, but only after a list of prosecution witnesses has been filed.[1] Warrants are often issued in bulk at this stage: on 26 January 2026 a Dhaka Metropolitan Magistrate accepted charge sheets in two murder cases and issued warrants against 41 absconding accused.[14] An accused never arrested during investigation often learns of the case only now, and a warrant recall petition Bangladesh courts receive at this stage turns on showing that lack of knowledge.

Warrant for non-appearance after a summons

Section 90 allows a court, after recording its reasons, to issue a warrant in place of or in addition to a summons, either where it believes the person has absconded or will not obey the summons, or where he fails to appear after a summons proved to have been duly served in time, without reasonable excuse.[1] The petition must answer the court's own reasons. If the order sheet records due service, the petition has to show why that record is wrong or why there was a reasonable excuse.

Warrant on breach of a bail bond

The most common recall in Dhaka is for an accused on bail who misses a date. Section 92 allows the court to issue a warrant against any person bound by a bond to appear who does not appear.[1] Under section 514 the court may also record that the bond is forfeited, call on the accused and sureties to pay the penalty or show cause, recover it by attachment and sale of movable property and, in default, commit the person bound to civil jail for up to six months, though it may remit part of the penalty.[1] The petition should ask for recall, restored bail and no action under section 514.

Warrant at the proclamation and attachment stage

If a warrant cannot be executed because the court believes the accused has absconded, it may publish a proclamation under section 87 and attach property under section 88.[1] Recall is still available, but the petition must deal with the attached property as well as the warrant. That stage is covered in its own section below.

Conviction warrant after trial in absentia

Where the accused has been tried and convicted in his absence, the outstanding process is a warrant to secure a convicted person to serve the sentence. The trial court cannot reopen its judgment on a recall petition. Surrender is the gateway to an appeal, and the bail question is governed by the appeal provisions, not by sections 496 and 497. This is explained in detail below.

Which court decides: seeking recall in Dhaka Judge Court and elsewhere

Because only the issuing court can cancel the warrant, the first task is to identify that court and confirm where the record is now. The warrant names the court and case number; the order sheet shows the date and reason for issue. The case may since have moved: where an offence is triable exclusively by the Court of Session, section 205C requires the magistrate to send the case and record there.[1] The petition is then filed before the Sessions Judge or the Additional Sessions Judge holding the record.

Clients often ask about seeking recall in "Dhaka Judge Court". The phrase is used loosely for Dhaka's lower-court complex, which houses several courts with distinct jurisdictions. A warrant recall petition Bangladesh practitioners file in Dhaka goes to one of the courts below.

Dhaka metropolitan area

Chief Metropolitan Magistrate's Court

CMM, Additional CMM and Metropolitan Magistrate courts issue most warrants in police and complaint cases within the metropolitan area.

Dhaka district outside the city

Chief Judicial Magistrate's Court

CJM and Judicial Magistrate courts hear recall in cases from police stations outside the metropolitan area.

Sessions cases

Metropolitan Sessions Judge and District and Sessions Judge

Once a case is sent under section 205C, the Sessions court or Additional Sessions Judge holding the record decides recall.

Special laws

Tribunals and Special Judges

Tribunals such as the Nari-o-Shishu Nirjatan Daman Tribunals decide recall and bail under their own statute.

Arrest elsewhere

Court where the arrest took place

Under section 86 it may grant interim bail and direct appearance before the issuing court; it cannot cancel the warrant.

Refusal of bail

Court of Session, then High Court Division

Section 498 lets either court admit the accused to bail after the trial court refuses.

Special tribunals apply their own statutes

Special tribunals decide recall and bail under their own statute; the Nari-o-Shishu Nirjatan Daman Ain 2000 is the commonest example. Section 19(2) provides that a principal accused shall not be released on bail unless the complainant side has been heard and the tribunal or competent court is satisfied that there are reasonable grounds; section 19(3) relaxes this for a woman, a child or a sick or infirm person.[5] A recall petition before such a tribunal should be served on the complainant's lawyer in advance, because a hearing without the complainant side invites an adjournment in custody.

Arrested in another district before the petition is filed

If the warrant is executed outside the issuing court's jurisdiction, section 86 provides that the arrested person is to be removed in custody to the issuing court. For a bailable offence, or where the warrant carries a section 76 endorsement, bail is taken locally and the bond forwarded. For a non-bailable offence, the second proviso allows the Sessions Judge or Metropolitan Sessions Judge, the Chief Judicial Magistrate or Chief Metropolitan Magistrate, or a specially empowered first-class magistrate where the arrest took place, to grant interim bail and direct appearance before the issuing court by a fixed date.[1] That interim order does not cancel the warrant; the recall petition must still be filed in the issuing court by the date set.

Warrant recall petition Bangladesh — court building where the issuing court hears surrender and bail
Only the issuing court, or the court now holding the record, can cancel the warrant

Surrender with a recall application: how the hearing runs

Surrender is the act of appearing before the court in person and submitting to its jurisdiction. In metropolitan and district courts it is planned rather than spontaneous: the advocate files the recall and bail petition with a wakalatnama in the court's section on the morning of the hearing, the accused stands in the dock when the case is called, and the court hears the defence and then the prosecutor or, in a complaint case, the complainant's lawyer. The sequence TRW follows is set out below.

Step 01

Identify the issuing court

Read the warrant and order sheet, confirm the case number and check whether the record has moved to a Sessions court or tribunal.

Step 02

Inspect the record

Note the date and recorded reason for the warrant, any proof of service, bond forfeiture steps, proclamation or attachment.

Step 03

Decide the forum

Where custody is likely, obtain anticipatory bail from the High Court Division with a direction to surrender before the trial court.

Step 04

Draft the petition

Prepare a numbered recall and bail petition that explains the absence, discloses every earlier order and states the bail grounds.

Step 05

Assemble documents and sureties

Collect identity papers, case papers, proof of the explanation, earlier orders, sureties with NIDs, wakalatnama and court-fee stamps.

Step 06

Surrender and argue

File the petition on the morning of the hearing, have the accused present in the dock and answer the prosecutor or complainant.

Step 07

Execute the bond

Execute the bail bond in court or online where permitted, and ask for conditions and excused attendance on future dates.

Step 08

Close the loop

Obtain a certified copy of the recall order, confirm it is communicated to the police and diarise every future date.

What the court can order

There are four realistic outcomes. The court may recall the warrant and grant bail on a bond with sureties. It may grant bail on conditions under section 498(2), which since 2026 lets any court impose reasonable and fair conditions to prevent abscondence or ensure good behaviour.[1] [2] It may recall the warrant but refuse bail, so the accused goes to judicial custody. Or it may adjourn, which in practice also means custody for the interval.

If bail is refused

The next step is an application to the Court of Session, which under section 498(1) may direct that any person be admitted to bail, and then the High Court Division.[1] The mechanics of that escalation in Dhaka are covered in our guide to the CMM court bail process and our analysis of High Court bail in Bangladesh. Where the risk of refusal is high, many accused first obtain anticipatory bail from the High Court Division with a direction to surrender before the trial court within a fixed time, and then file the recall petition under the protection of that order.

Release on the same day

Under section 500, release follows execution of the bond, and an accused already in jail is released on a release order sent to the jail.[1] The e-bail bond system targets the gap between order and release. It began as a trial in Narayanganj on 15 October 2025, reached eight more districts on 21 January 2026 and by 13 August 2026 operated in 28 districts; Law Minister Md Asaduzzaman said a lawyer can now submit a bond online from chambers and receive an OTP confirming receipt.[11] [12] The published rollout lists did not name Dhaka, so check the court's practice on the day.

Warrant recall petition Bangladesh format: what the document must contain

There is no statutory form. Structure is set by practice, and courts read the petition quickly, often while the accused stands in the dock. A petition magistrates and judges will act on is short, numbered, factual and supported by annexures. The format below is the one we use, adapted to the court and the stage.

  1. Cause title: the court's name, the case number (GR, CR, sessions or tribunal number), the police station and case number if any, and the sections of the offence.
  2. Parties: the State, or the complainant in a complaint case, against the named accused, identified by father's name, address and NID number.
  3. Heading: an application for recall of the warrant of arrest and for bail, or, after conviction, for recall of the warrant and for bail to present an appeal.
  4. Short facts: two or three paragraphs on the allegation and the stage of the case, without arguing the merits at length.
  5. The warrant: the date of the order issuing the warrant and the reason recorded, quoted from the order sheet where possible.
  6. The explanation: why the accused did not appear, with each fact tied to an annexure.
  7. Voluntary surrender: a statement that the accused has appeared today of his own accord, which is the strongest evidence that he is not absconding.
  8. Prior orders: every previous bail order, bond, cancellation, High Court Division order and pending application in any court.
  9. Bail grounds: whether the offence is bailable, the section 497 grounds, any special-statute requirements, and personal circumstances.
  10. Undertakings and conditions offered: sureties, passport deposit, reporting, and a request to excuse personal attendance on future dates where the law allows.
  11. Prayer: recall of the warrant, bail on such bond as the court thinks fit, no action under section 514, and any consequential order.

The explanation for non-appearance

The explanation carries the petition. Explanations that work are specific and documented: travel abroad shown by passport entries, hospital admission shown by discharge papers, a wrong address on the summons, or a single date missed through a lawyer's error, confirmed by the lawyer's letter. Generic explanations ("unavoidable circumstances") fail. Since 2026, section 69(4) allows courts to direct service of summons by SMS, voice call, instant messaging or email, with proof kept on the record.[1] An accused who claims not to have known of the case must now check the record for electronic service first.

Disclose every earlier order

Concealment is the fastest way to lose the court's trust. In Alhaj Mohammad Dulal Hossain Khan v The State, decided on 12 March 2026, a cheque-case convict had obtained limited bail from the High Court Division in 2019 on condition that he deposit 50 per cent of the cheque amount and file an appeal. He did neither, was arrested in 2024 and then obtained bail from the trial court, which the High Court Division found he had done "suppressing" the earlier order. The court held him a fugitive from justice, refused to condone a delay of 2,496 days and directed him to surrender.[8] The lesson for drafting is simple: list every prior order, even unfavourable ones.

Model prayer

A prayer that covers the usual ground reads: "Wherefore it is most humbly prayed that Your Honour would be pleased to recall the warrant of arrest issued against the accused-petitioner on [date], to enlarge him on bail on such terms as Your Honour may deem fit and proper, to direct that no proceedings be taken under section 514 of the Code of Criminal Procedure in respect of the bond executed on [date], and to pass such other or further order as Your Honour may deem fit and proper." Adapt it to the stage; a conviction case needs a different prayer, discussed below.

Documents to bring to a recall hearing

An incomplete file is the most common reason a warrant recall petition Bangladesh courts would otherwise grant ends in custody. We assemble the following before fixing a surrender date:

  • Identity: the accused's NID or passport, with copies.
  • Case papers: copies of the FIR or complaint, the charge sheet if filed, and the order sheet entry issuing the warrant.
  • Proof of the explanation: passport pages, travel tickets, medical records, proof of residence at another address, or correspondence showing a lawyer's error.
  • Earlier orders: previous bail orders, the bond executed, any High Court Division order and any order cancelling bail.
  • Sureties: sureties present in court with their NIDs. Section 499(3), added in 2026, allows a bond to be submitted in person, through a pleader or online as permitted by the court, subject to verification of sureties' identity and eligibility through their National Identification Number or other appropriate means.[3]
  • Court papers: a wakalatnama and the court-fee stamps for the petition and the bail bond.
  • For convicts: a certified copy of the judgment or an application for one, and in a cheque case the treasury challan for the deposit required before an appeal.

Sureties should understand what they are signing. Under section 514 a surety may be called on to pay the penalty if the accused defaults, and section 502 allows a surety to apply to the magistrate at any time for discharge, after which the accused is arrested or surrenders and must find new sureties.[1]

Bail on recall: which test applies

Once the warrant is dealt with, the bail decision follows the ordinary rules. For an offence other than a non-bailable one, section 496 provides that a person who appears before a court and is prepared to give bail shall be released, and the court may instead discharge him on his own bond.[1] In a bailable case the recall petition is essentially a formality, provided the absence is explained.

For non-bailable offences, section 497(1) gives a discretion but bars release where there are reasonable grounds for believing the accused guilty of an offence punishable with death or transportation for life, except for a person under sixteen, a woman, or a sick or infirm person. Section 497(2) requires release where there are no such grounds but sufficient grounds for further inquiry.[1] Draft the bail paragraphs to these tests, not to sympathy. How CMM and CJM courts apply them is covered in our CMM court bail guide, and the constitutional baseline in our analysis of the rights of the accused in Bangladesh.

Prevent the next warrant at the same hearing

The recall hearing is the moment to reduce the risk of another warrant. Section 205(1) allows a magistrate issuing a summons to dispense with the accused's personal attendance and permit appearance by pleader.[1] Section 540A(3), added in 2026, allows a judge or magistrate, for recorded reasons, to dispense with the personal attendance at the investigation stage of an accused on bail who is represented by an advocate, until the date fixed for hearing the investigation report.[1] [2] For a client who travels for work or lives abroad, asking for that order in the recall petition is often worth more than the bail itself.

Warrant recall petition Bangladesh — passport, medical papers and identity documents assembled as annexures
The explanation for absence succeeds on documents, not adjectives

Recall at the proclamation and attachment stage

A proclamation under section 87 requires the accused to appear at a specified place and time not less than thirty days from publication, and the court's written statement of due publication is conclusive evidence of compliance.[1] The mechanics of publication are covered in our arrest warrant guide. For the recall petition, what matters is property.

Attached property and the time limits

Section 88 lets the court attach property at any time after the proclamation. If the proclaimed person does not appear in time, the property is at the Government's disposal, but it may not be sold until six months from attachment and until any third-party objection under section 88(6A), itself due within six months, is decided, unless it is perishable or sale benefits the owner.[1]

Section 89 then gives the accused a two-year window. If, within two years of attachment, he appears voluntarily or is brought before the court and proves that he did not abscond or conceal himself to avoid the warrant and had no such notice of the proclamation as to enable him to attend in time, the property or the net sale proceeds must be returned, after costs of the attachment.[1] A recall petition at this stage should therefore be combined with an application under section 89, and the explanation should be framed around those two statutory facts.

Newspaper publication and trial in absentia

Section 339B(1) allows the court taking cognizance, where the accused has absconded with no immediate prospect of arrest, to direct him by order in a widely circulated national Bangla daily to appear within a set period, failing which he is tried in absence. The 2026 amendment added a proviso permitting publication also on the websites of the District and Sessions Judge Court, the CJM and CMM courts, the Deputy Commissioner's office, the Bangladesh Police or another government website.[1] [2] Under section 339B(2), an accused who absconds after appearing or after release on bail may be tried in absence without any publication at all.[1]

Special statutes compress this. Section 21 of the Nari-o-Shishu Nirjatan Daman Ain 2000 allows a tribunal, notwithstanding sections 87, 88 and 339B, to direct an absconding accused to appear by notice through any suitable information-technology medium, a Bangla national daily or other reasonable means within twenty days after accepting the charge sheet, and to try him in absence if he does not appear.[5] An accused who surrenders before judgment should ask in the recall petition to be permitted to participate in the trial from the stage reached.

Conviction warrants: recall after a judgment in absentia

A warrant issued to secure a convicted person is different in kind. The trial court has decided the case; it cannot set aside its own conviction on a recall petition. What surrender achieves is to end the person's status as a fugitive, so that an appeal can be filed and bail pending appeal sought. A warrant recall petition Bangladesh convicts file therefore asks for recall and, where the law allows, bail to present an appeal.

The one-year line in section 426(2A)

Section 426(2A) allows the convicting court, where the sentence does not exceed one year and an appeal lies, to grant bail long enough for the convict to present the appeal and obtain the appellate court's orders, the sentence being deemed suspended meanwhile.[1] Above one year, only the appellate court under section 426(1), or the High Court Division under section 426(2), can suspend the sentence and grant bail.[1] That is why the Shafik Rehman co-accused, sentenced to seven years, went to jail on surrender.[6] For longer sentences, have the appeal ready to file on the day of surrender.

Cheque cases and the deposit

Convictions in absentia are common in cheque cases. In Md Ashraful Islam v The State, a convict sentenced to six months deposited 50 per cent of the cheque amount in the Treasury, surrendered before the trial court three days later "for the purpose of preferring appeal" and was enlarged on bail. When his appeal was filed 2,596 days late, the High Court Division condoned the delay on 3 February 2026, relying on Mohammad Ullah (Driver) v The State, 59 DLR (2007) 281: appeal is a convict's legitimate right and should not be defeated merely on limitation.[7] The deposit and appeal rules are explained in our guide to the cheque case appeal in Bangladesh.

The fugitive rule

A convict who surrenders, deposits and appeals exercises a right; one who lets bail lapse and stays away is a fugitive. In Md Nazrul Islam v The State, decided on 21 March 2024, the High Court Division dismissed an appeal because ad-interim bail had expired years earlier, relying on Anti-Corruption Commission v Dr HBM Iqbal Alamgir, 15 BLC (AD) 44, that a court will not aid a fugitive from law and justice, and directed surrender within three months.[9] A convict out of contact should surrender before asking any court for relief, and a warrant recall petition Bangladesh trial courts receive in that situation should say so expressly. Our guide to the criminal appeal in Bangladesh covers the appeal itself.

Fees and timelines

Court fees on a warrant recall petition Bangladesh courts hear are small fixed sums under Schedule II to the Court-fees Act 1870, as substituted in 2010. Article 6 fixes Tk 25 for a bail bond given under an order made under the Code of Criminal Procedure, and article 8(a) fixes Tk 30 for a wakalatnama in a criminal court other than the High Court Division; petitions carry small fixed fees under article 1.[4] The real costs are professional fees, certified copies and, in cheque cases, the statutory deposit.

How long each step takes

  • Preparation: identifying the court, inspecting the record and assembling documents and sureties usually takes a few working days; it should not be rushed into a same-day surrender without a file.
  • Hearing: recall and bail are ordinarily decided on the day of surrender; in the Shafik Rehman case the recall was granted at the surrender hearing.[6]
  • Release: release follows acceptance of the bond, and where the accused is in jail, receipt of the release order under section 500.[1]
  • Proclamation: the date to appear must be at least thirty days after publication under section 87.[1]
  • Attachment: no sale for six months from attachment; restoration of property may be sought under section 89 within two years.[1]
  • Women and children cases: the tribunal's notice to an absconding accused issues within twenty days of accepting the charge sheet.[5]

There is no statutory limitation period for filing a recall petition, because a warrant does not expire. Delay nonetheless counts against the accused at every stage, from the strength of the explanation to the risk of attachment and trial in absence.

What the 2026 amendment changed for recall practice

The Code of Criminal Procedure (Amendment) Act 2026 (Act No XI of 2026) is dated 10 April 2026. Its table of amended provisions includes sections 69, 70, 339B, 498, 499 and 540A, but not sections 75 to 92 or section 514.[2] Recall by the issuing court, proclamation, attachment and forfeiture therefore work as before. The changes that touch recall practice, each discussed above, are electronic summons under section 69(4), online publication under section 339B(1), bail conditions and online bonds under sections 498(2) and 499(3), and excused attendance under section 540A(3).[1] [3] Together they make the "never served" explanation harder and the post-recall regime easier to comply with.

The September 2026 High Court ruling on fake warrants

On a public-interest writ by Human Rights and Peace for Bangladesh, a High Court Division bench directed in September 2026 that police verify the authenticity of any arrest warrant against their central data management system before executing it, that the IGP circulate the order to all law-enforcing agencies, and that lower courts require a copy of the complainant's NID and the lawyer's professional card in complaint cases.[10] For recall practice the consequence is practical: once a warrant is recalled, obtain a certified copy of the order and ask the court office to communicate it promptly, so that the database reflects the recall and the client is not arrested on a spent warrant.

Warrant recall petition Bangladesh — client and counsel confirming the recall order after the hearing
Collect the recall order and make sure it reaches the police

Mistakes to avoid with a warrant recall petition Bangladesh courts will hear

  • Filing in the wrong court: the petition belongs in the court that issued the warrant or now holds the record; a petition elsewhere wastes the surrender day.
  • Surrendering without sureties: a recalled warrant with no acceptable sureties ends in custody.
  • A generic explanation: "unavoidable circumstances" without documents rarely persuades a court that recorded due service.
  • Hiding earlier orders: concealment converts a recall into a finding that the accused is a fugitive, as Dulal Hossain Khan shows.[8]
  • Ignoring the bond: recall without a direction on section 514 leaves the accused and sureties exposed to forfeiture.[1]
  • Forgetting attached property: at the proclamation stage, file the section 89 application with the recall.
  • Surrendering after a long sentence without an appeal ready: above one year, the trial court cannot bail a convict to present an appeal.[1]
  • Not collecting the recall order: keep a certified copy and confirm that the recall has been communicated to the police.

Next steps

A warrant recall petition Bangladesh courts grant is won in preparation: the right court, the order sheet read, the absence documented, the history disclosed, and sureties and a bail argument ready for the same hearing. Where the case is an abuse of process, recall and bail can run alongside quashment in the High Court Division, and an accused who cannot afford counsel may qualify for legal aid in Bangladesh. TRW handles recall, surrender, onward bail, appeal and quashment through our criminal litigation and quashment practice, or you can contact TRW to have a warrant checked before any appearance.

Frequently asked questions

What is a warrant recall petition?

It is an application to the court that issued a warrant of arrest asking it to cancel the warrant, usually filed when the accused surrenders and combined with a bail application. Section 75(2) keeps a warrant in force until the issuing court cancels it or it is executed.[1]

Can a lawyer get a warrant recalled without the accused appearing?

Ordinarily no. The court decides recall together with bail and a bond for appearance, and section 91 bonds are taken from a person present in court. Where the risk of custody is high, anticipatory bail from the High Court Division with a direction to surrender is the usual route.[1]

Which court in Dhaka should the petition go to?

The court that issued the warrant, or the court that now holds the record if the case has been sent to the Court of Session under section 205C. In Dhaka that may be the CMM court, the CJM court, a Sessions court or a special tribunal.[1]

Does recall of the warrant mean I will get bail?

No. Recall and bail are separate orders. Bail follows section 496 for bailable offences and section 497 for non-bailable offences, and special statutes such as the Nari-o-Shishu Nirjatan Daman Ain 2000 add their own conditions.[1] [5]

What happens to my sureties if I missed a date?

Under section 514 the court may treat the bond as forfeited and call on the accused and sureties to pay the penalty or show cause; it may remit part of it. The petition should ask the court not to proceed under section 514.[1]

Is there a deadline for filing a recall petition?

No statutory deadline applies because a warrant does not expire, but delay leads to proclamation, attachment and trial in absence. Attached property can be reclaimed under section 89 only within two years of attachment.[1]

Can I get bail after a conviction in absentia?

If the sentence is one year or less, the convicting court may grant bail to present an appeal under section 426(2A). For longer sentences only the appellate court or the High Court Division can suspend the sentence and grant bail under section 426.[1]

How much are the court fees?

They are small fixed sums: Schedule II to the Court-fees Act 1870 fixes Tk 25 for a bail bond and Tk 30 for a wakalatnama in a criminal court other than the High Court Division. Professional fees and deposits are separate.[4]

Can the bail bond be filed online?

Section 499(3), added in 2026, allows bonds to be submitted online as permitted by the court, with NID verification of sureties. By August 2026 the e-bail bond system operated in 28 districts.[3] [11]

How do I make sure police know the warrant was recalled?

Obtain a certified copy of the recall order and ask the court office to communicate it. Since September 2026 police must check warrants against their central database before executing them, so the recall should be reflected there.[10]

Source register

Primary legal and regulatory sources

Materials checked on 20 October 2026. Confirm the current official text before relying on any provision.

  1. Code of Criminal Procedure 1898 (Act No V of 1898), including sections 69, 75, 86 to 92, 204, 205, 205C, 339B, 426, 496 to 502, 514 and 540A — Laws of Bangladesh
  2. Code of Criminal Procedure (Amendment) Act 2026 (Act No XI of 2026), 10 April 2026 — Laws of Bangladesh
  3. Code of Criminal Procedure 1898, section 499 as amended by Act No XI of 2026 — Laws of Bangladesh
  4. Court-fees Act 1870, Schedules I and II (Schedule II as substituted by Act No XLV of 2010) — Laws of Bangladesh
  5. Nari-o-Shishu Nirjatan Daman Ain 2000 (Act No VIII of 2000), sections 19 and 21 — Laws of Bangladesh
  6. Jagonews24, 30 September 2024 — Shafik Rehman surrenders to court; warrant recalled
  7. High Court Division, Md Ashraful Islam v The State, Criminal Rule No 48 (Con-A) of 2025 (3 February 2026)
  8. High Court Division, Alhaj Mohammad Dulal Hossain Khan v The State, Criminal Rule No 235 (Con-A) of 2024 (12 March 2026)
  9. High Court Division, Md Nazrul Islam v The State, Criminal Appeal No 5370 of 2018 (21 March 2024)
  10. The Financial Express, 14 September 2026 — HC orders police to check central database before acting on arrest warrants
  11. The Financial Express, 13 August 2026 — E-bail bond system launched in 12 more districts
  12. UNB, 21 January 2026 — Govt launches e-bail bond system in 8 districts
  13. The Daily Observer, 18 February 2025 — Warrants against Tarique, others withdrawn
  14. The Daily Observer, 26 January 2026 — Arrest warrants against Hasina, 40 others in murder cases

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