How to Get Bail in CMM Court Dhaka: Process, Documents and Timeline (2026)

CMM court bail process Bangladesh: how bail works before Magistrates in 2026

The CMM court bail process Bangladesh defence lawyers run every working day in Dhaka decides, within hours, whether an accused person goes home or goes to jail. It is governed by Chapter XXXIX of the Code of Criminal Procedure 1898, chiefly sections 496 to 500, and since the Code of Criminal Procedure (Amendment) Act 2026 (Act No. 11 of 2026) it carries an express power to impose bail conditions, an online route for bail bonds and identity checks on sureties.[4] [5] [9]

This guide covers bail at the Chief Metropolitan Magistrate's court in Dhaka and the Chief Judicial Magistrate courts in the districts: bailable and non-bailable offences, surrender and bail, the documents to bring, the hearing and how to track it, bail bonds, sureties and bail amounts, conditions, timelines, the common reasons for refusal, and the route to the Metropolitan Sessions Judge when the Magistrate says no. It also addresses dowry and cruelty complaints, often searched as "498A" cases. Remand, anticipatory bail and High Court Division bail have their own TRW guides, linked rather than repeated.

Summary: Bail at a CMM or CJM court turns on one question: is the offence bailable or non-bailable? For a bailable offence, bail is a right under section 496. For a non-bailable offence, it is discretionary under section 497, barred in principle where there are reasonable grounds to believe the accused guilty of an offence punishable with death. If the Magistrate refuses, the next forum is the Sessions Judge (in Dhaka, the Metropolitan Sessions Judge) under section 498, and only then the High Court Division.

Key point: Act No. 11 of 2026, dated 10 April 2026, made the 2025 CrPC ordinances permanent. For bail it added section 498(2), letting any court releasing an accused impose reasonable and fair conditions, and section 499(3), allowing bail bonds to be furnished in person, through a lawyer or online, with sureties verified by National ID. Both are recorded as effective from 10 August 2025.

At a glance

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Table of Contents

Who grants bail: CMM, CJM and the Metropolitan Court of Session

In each metropolitan area the criminal courts of first instance are run by a Chief Metropolitan Magistrate, Additional Chief Metropolitan Magistrates and Metropolitan Magistrates, all drawn from the Bangladesh Judicial Service. In Dhaka, "the CMM court" is the shorthand for this whole complex: the Chief Metropolitan Magistrate's own courtroom and the many Metropolitan Magistrates' courts that sit under it. Outside the metropolitan areas, the same work is done by Judicial Magistrates under a Chief Judicial Magistrate in each district.

Above them sits the Court of Session. The Code expressly provides that "Court of Session" includes a Metropolitan Court of Session, so every power the Code gives a Sessions Judge on bail and revision is available in Dhaka to the Metropolitan Sessions Judge.[1] That matters because the Sessions Judge holds a concurrent bail power under section 498 that the Magistrate does not, and is the natural next stop when a CMM court refuses bail.[4]

One Code, many courtrooms

There is no separate "CMM bail law". The CMM court bail process Bangladesh practitioners follow in Dhaka, Chattogram, Khulna, Rajshahi, Sylhet, Barishal, Rangpur, Mymensingh or Gazipur is the same Chapter XXXIX procedure a Judicial Magistrate applies in any district. What changes between courthouses is practice: listing, prosecution organisation and how quickly release orders reach the jail. For special statutes, such as the Women and Children Repression Prevention Act 2000 or anti-corruption cases, bail is decided by the tribunal or special judge under that statute instead, and the Magistrate's role is limited.

Bailable and non-bailable offences: sections 496 and 497 CrPC

Every bail application starts with classification. An offence is bailable if the Second Schedule to the Code, or another law, shows it as bailable; every other offence is non-bailable.[1] The Act No. 11 of 2026 amended the Second Schedule, so check the current schedule rather than an old printed copy before advising.[9]

Bailable offences: bail as a right

Under section 496, a person accused of a bailable offence who is arrested without warrant, appears, or is brought before a court "shall be released on bail" if prepared to give bail, at any stage of the proceedings. The court may instead discharge the person on a personal bond without sureties.[2] The Magistrate has no discretion to refuse; the only room for argument is the amount and the sufficiency of sureties. If a client is held in jail on a purely bailable charge, something has gone wrong and should be raised immediately.

Non-bailable offences: discretion with limits

Section 497(1) allows release on bail for a non-bailable offence, but bars it where there appear reasonable grounds for believing the accused guilty of an offence punishable with death. The proviso lets the court bail a person under sixteen, a woman, or a sick or infirm person even in that category.[3] Section 497(2) goes further: if at any stage there are no reasonable grounds to believe a non-bailable offence was committed, but further inquiry is needed, the accused must be released on bail or a bond without sureties. Section 497(3) requires reasons in writing for bail granted under either sub-section.[3]

Cancellation of bail

Bail granted is not bail secured. Under section 497(5), the High Court Division, the Court of Session and, for persons it released, any other court may cause a person released under the section to be arrested and committed to custody.[3] Missing hearing dates, threatening witnesses or breaching conditions are the usual triggers. A CMM court that granted bail can therefore also take it away.

What Act No. 11 of 2026 changed for CMM court bail

The interim government amended the Code by ordinance in July and August 2025. Parliament then passed the Code of Criminal Procedure (Amendment) Act 2026, dated 10 April 2026, which repealed the ordinances and made the changes permanent, with most provisions deemed effective from 10 August 2025.[9] Five changes bear directly on the CMM court bail process Bangladesh courts now run.

• Statutory bail conditions. Section 24 of the Act renumbered section 498 as sub-section (1) and added sub-section (2): a court releasing an accused on bail may impose reasonable and fair conditions to prevent abscondence or ensure good behaviour.[4]
• Online bail bonds and surety verification. Section 25 added section 499(3): the bond may be submitted in person, through a pleader or through an online system the court permits, and the identity and eligibility of sureties must be verified through their National Identification Number or other appropriate means.[5]
• Police custody cap. Section 167(2) now caps police custody at fifteen days in the whole; further detention must be judicial custody, which may be ordered with the accused present in person or by video link.[7]
• Discharge on an interim report. New section 173A lets a supervising police officer require an interim investigation report and, where it shows insufficient evidence, the Magistrate may discharge that accused while the investigation continues against others, effective from 10 July 2025.[10]
• Arrest and shown-arrest safeguards. New sections 46A to 46E, a substituted section 54 and new section 167A tighten arrest procedure and "shown arrest", which our police remand guide explains in detail.[9]

In practice, section 498(2) invites defence lawyers to propose conditions themselves, turning a borderline refusal into a conditional grant.

How a case reaches the CMM court bail stage

How the accused arrives in front of the Magistrate shapes the application. There are four common routes.

Production after arrest

Where police arrest a person and cannot complete the investigation within the 24 hours fixed by section 61, they must forward the accused, with the case diary, to the nearest Judicial Magistrate under section 167(1).[7] In Dhaka, that first production is in the CMM court. Police may seek remand; the defence applies for bail at the same hearing. The Magistrate may grant remand, grant bail, or reject both and send the accused to jail. Opposing remand is a distinct skill, covered in our police remand guide.

Surrender and bail

Where a person is named in an FIR or complaint, or a warrant has been issued, the usual course is to surrender through a lawyer and apply for bail the same day. On 13 July 2025, for example, an accused in an attempted murder case surrendered before the Dhaka Chief Metropolitan Magistrate, filed a bail petition and was granted bail on a bond of Tk 10,000.[13]

Surrender carries risk: if bail is refused, the accused goes straight to jail. Where the risk is serious, consider whether the High Court Division's anticipatory bail jurisdiction is more appropriate first; see our anticipatory bail guide. A person on anticipatory bail usually has to surrender before the court below within the time fixed and seek regular bail there.

Summons, warrants and complaint cases

Where the court issues summons or a warrant, appearing voluntarily through a lawyer with a bail application ready is far better than being produced on arrest. For complaints filed directly before a Magistrate, see our guide on how to file a criminal case in Bangladesh; this guide picks up when the accused must answer.

Step-by-step: the CMM court bail process Bangladesh lawyers follow

The sequence below reflects how a well-run bail application moves through a Dhaka Metropolitan Magistrate's court. The same steps apply before a Judicial Magistrate in any district.

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Two disciplines run through every step. First, know every case in which the client is or may be shown arrested: bail in one case does not release a person held in another. Second, keep a clean paper trail of every order, because that record is what the Metropolitan Sessions Judge and the High Court Division will read if bail is refused.

Documents required: CMM court bail process Bangladesh checklist

Most refusals that look like bad luck are really bad preparation. The court decides on what is in front of it, so the file should answer the Magistrate's likely questions before they are asked. Bring the following to a CMM court bail application.

• Vakalatnama signed by the accused (or, where the accused is in custody, executed through the jail) in favour of the advocate.
• Bail petition stating the case number, police station, sections alleged, date of arrest or surrender, custody period and grounds for bail.
• Copy of the FIR or complaint petition, and the charge sheet if filed, with the specific allegation against this accused marked.
• Earlier orders: remand orders, previous bail orders or refusals, and any High Court Division anticipatory bail order with its surrender direction.
• Identity documents: National ID card or passport of the accused, and proof of permanent address.
• Medical records where illness, injury, age or pregnancy is relied on, ideally from a government hospital.
• Proof of roots in the community: employment letter, trade licence, student ID, tenancy or property papers, family details.
• Surety details: name, address and National ID of each proposed surety, and evidence of means where a high bail bond is likely.
• Parity material: orders granting bail to co-accused with similar or more serious roles.

Since section 499(3), sureties' identity and eligibility must be verified by NID or other appropriate means, so a surety without a valid NID is now a practical obstacle rather than a formality.[5] Prepare spare sureties.

The bail hearing in the CMM court, and how to check its status

What happens at the hearing

A first-production hearing in Dhaka is fast and noisy. The prosecution side, usually the court police and, in contested cases, the Metropolitan Public Prosecutor's office, opposes bail by pointing to the gravity of the offence, the stage of investigation and the risk of absconding or tampering. The defence answers with the specific role alleged against this accused, the strength or weakness of the evidence, custody already served, parity with co-accused, health, family and fixed address, and proposed conditions. The Magistrate usually decides then and there. Under section 497(3), reasons must be recorded where bail is granted in a non-bailable case; refusals are also routinely reasoned, and those reasons will be scrutinised on further application.[3]

Where the accused is already in jail, the court may fix a later hearing date or call for the docket. Push for an early date.

Checking bail hearing status

The order sheet in the court's file is the authoritative record, and a certified copy should be applied for immediately after any adverse order. Courts also publish daily cause lists, and the judiciary's online cause list at causelist.judiciary.org.bd lets users select the division, district and court to see the latest order, next date and case status.[14] Coverage and timeliness vary between courts, so confirm through the advocate's clerk on the day.

Bail bond, sureties and bail amount guidelines

The bail bond

Release is not complete when bail is granted. Under section 499(1), before release the accused must execute a bond for the sum fixed by the court and, for bail, one or more sureties must sign, binding the accused to attend at the time and place stated and to keep attending until directed otherwise.[5] The bail bond can also bind the accused to appear before the High Court Division, a Court of Session or another court when called.[5]

How much is the bail amount?

There is no tariff. Section 498(1) says only that the amount of every bond must be fixed with due regard to the circumstances of the case and must not be excessive, and the High Court Division or Court of Session may reduce bail fixed by a police officer or Magistrate.[4] In ordinary CMM court cases bail bonds are often set in the low tens of thousands of taka; Tk 10,000 in the surrender example above is typical of the range.[13] The figure rises with the value at stake, for example in fraud, cheque or misappropriation cases. The bond is a promise to pay on default, not a cash deposit handed over at the counter.

Who can be a surety

A surety should be a solvent adult with a fixed address within reach of the court, usually a family member, employer or established local resident, holding a valid NID. The surety undertakes real liability: if the accused absconds, the court can forfeit the bond and recover the penalty from the surety.

The release order

Once the bond is executed, section 500 requires release; where the accused is in jail, the court issues a release order to the jail authority. The person is not released if detained for some other matter.[6] This is where hours are lost: the bail bond must be accepted, the release order signed and carried to the jail, and every other case checked for detention orders.

Bail conditions in the CMM court

Section 498(2) now lets any court releasing an accused impose reasonable and fair conditions to prevent abscondence or to ensure good behaviour.[4] Typical conditions include:

• attending on every date fixed, personally or through the advocate where the court allows;
• not leaving Bangladesh without permission, sometimes with deposit of the passport;
• reporting to the police station or investigating officer at stated intervals;
• not contacting the complainant or witnesses, or not entering a defined area;
• cooperating with the investigation and producing documents on request;
• keeping the court informed of any change of address.

A condition that is disproportionate or impossible to meet can be challenged before the Sessions Judge or the High Court Division.

How long bail takes in the CMM court: a realistic timeline

Timing depends on the route and the offence. For a bailable offence, or a surrender in a minor non-bailable case, bail is commonly decided on the day of the application, with release that evening or the next day once the bail bond and release order are processed. For serious non-bailable offences, the hearing may be fixed for a later date, and a refusal adds the time needed to apply to the Metropolitan Sessions Judge: in a March 2024 case, an accused refused by a Metropolitan Magistrate on 5 March was bailed by the Dhaka Metropolitan Sessions Judge on 10 March.[12]

Two statutory clocks help. Police custody cannot exceed fifteen days in total.[7] And under section 167(5), if the investigation is not concluded within 120 days, the Magistrate may release the accused on bail for offences not punishable with death, life imprisonment or more than ten years' imprisonment; for those graver offences the Court of Session may do so. A refusal must be reasoned.[7]

The table below answers the questions clients ask most, compactly. On a phone, scroll it sideways.

Why bail is refused: the CMM court bail process Bangladesh courts apply

Refusals cluster around a handful of reasons. Each has an answer, but the answer must be in the file.

• Gravity of the offence: murder, attempted murder, serious violence and offences punishable with death face the section 497(1) bar where there are reasonable grounds to believe guilt.[3]
• Early stage of investigation: the prosecution argues that release will hamper recovery of evidence or arrest of co-accused.
• Risk of absconding: no fixed address, foreign travel history, earlier warrants or failure to appear.
• Risk of tampering: the accused's influence over witnesses, the complainant or documents.
• Criminal history: other pending cases, or earlier bail misused.
• Weak presentation: no FIR copy, no explanation of the client's role, no sureties ready.
• Politically charged or high-profile cases: Magistrates are often cautious, leaving the decision to higher courts.

What to do after refusal

Get the certified copy of the refusal order and identify what has changed: remand completed, a charge sheet that omits the client, a co-accused's bail, a medical report. A fresh application on genuinely new grounds is possible; otherwise move to the Sessions Judge.

Bail refused: the Metropolitan Sessions Judge route

A Magistrate's bail refusal is not appealed in the strict sense. The remedy is a fresh application under section 498 to the Court of Session, which may direct that any person be admitted to bail.[4] In Dhaka this is the Metropolitan Sessions Judge, sitting as the Metropolitan Court of Session; the application is filed as a criminal miscellaneous case, though practitioners and reporters commonly call it a bail "appeal".[1] [12] Additional Sessions Judges hear many of these applications on transfer.

Revision under section 439A

Where the complaint is about the legality or propriety of an order, such as an unlawful remand or a defective procedure, rather than the refusal of bail as such, the Sessions Judge's revisional power under section 439A, exercised on the record called for under section 435, may be the right tool. The Sessions Judge's decision on a revision application is final as regards the applicant.[8] Choose the remedy carefully: a revision that should have been a bail application wastes time and may close a door.

Then the High Court Division

If the Sessions Judge refuses, the accused may move the High Court Division under section 498.[4] That application is built from the lower-court record, and is explained in our guide to High Court bail in Bangladesh. Where the proceedings themselves are an abuse of process, quashment under section 561A may be the better remedy, through our criminal quashment practice.

Dowry and cruelty complaints: the Bangladesh equivalent of "498A" bail

Many people search for "498A bail" because section 498A of the Indian Penal Code punishes cruelty to a wife. Bangladesh has no section 498A; section 498 of the Bangladesh Penal Code deals with a different offence. Dowry and cruelty complaints here arise mainly under the Dowry Prohibition Act 2018 and, for dowry-related violence, the Women and Children Repression Prevention Act 2000.

Dowry Prohibition Act 2018 in the CMM court

Demanding dowry, and giving, taking or agreeing to give or take dowry, are each punishable with one to five years' imprisonment, a fine of up to Tk 50,000, or both.[11] Section 7 makes these offences cognizable, non-bailable and compoundable, and the Code of Criminal Procedure governs investigation and trial, so they are dealt with in Magistrates' courts, including the CMM court in Dhaka.[11] Bail is therefore discretionary under section 497, but the maximum sentence is moderate and the offence compoundable, so bail is commonly granted where the accused surrenders and the case is essentially a matrimonial dispute.

Two features shape the CMM court bail process Bangladesh courts apply in dowry cases. First, section 6 makes it an offence to file a case knowing there is no just or lawful ground, punishable with up to five years, a fine of up to Tk 50,000, or both.[11] Second, compoundability means a settlement between the spouses can end the case, which often shapes the bail hearing itself.

Dowry-related violence under the 2000 Act

Where the allegation is hurt, grievous hurt or death for dowry, the case is under the Women and Children Repression Prevention Act 2000 and bail is decided by the tribunal under that Act's own restrictive section 19, not by the Magistrate under section 497. Our High Court bail guide addresses how those restrictions operate on further application.

Bail in Magistrate courts outside Dhaka: CJM courts

Outside metropolitan areas, the same Chapter XXXIX applies before Judicial Magistrates under the Chief Judicial Magistrate of each district. Where a Magistrate other than a Chief Judicial Magistrate authorises police custody, a copy of the order with reasons goes to the Chief Judicial Magistrate; where a Chief Metropolitan Magistrate or Chief Judicial Magistrate makes it, a copy goes to the Chief Metropolitan Sessions Judge or the Sessions Judge.[7] If a CJM court refuses bail, the next forum is the district Sessions Judge under section 498.[4] Note that within Dhaka district, areas outside the metropolitan police jurisdiction fall to the Dhaka Chief Judicial Magistrate's courts rather than the CMM court, so confirm the police station before filing.

Why early bail matters

Speed is the single most underrated variable in the CMM court bail process Bangladesh defendants face.

The first bail hearing sets the tone for everything that follows. A client released at the first production keeps his job, supports his family, meets his lawyer freely and prepares a defence. A client sent to jail faces remand, shown-arrest requests and weeks of waiting, and the first refusal order becomes the document every later court reads first.

Early bail is also a safeguard. Police custody is now capped at fifteen days, and section 173A lets a Magistrate discharge an accused against whom an interim report shows insufficient evidence, while the investigation continues against others.[7] [10] A defence team engaged from the first hour can press for those outcomes. Our overview of bail law and criminal defence in Bangladesh places them in the context of the whole case.

What to watch in 2026

Three developments will shape the CMM court bail process Bangladesh courts operate over the coming year. First, the online bail bond permitted by section 499(3) depends on courts actually enabling online systems; adoption is uneven, so check what the relevant court accepts.[5] Second, Magistrates are still developing practice under section 498(2), and appellate guidance on what counts as a "reasonable and fair" condition is likely.[4] Third, the investigation-stage reforms in sections 167, 167A, 173A and 173B will increasingly be invoked at bail hearings to argue that continued detention is unnecessary.[9]

If someone close to you has been arrested, has a warrant out, or must surrender before a Dhaka or district Magistrate, the first decisions carry the most weight. Contact TRW to discuss the case.

Frequently asked questions

Can a CMM court grant bail in a non-bailable offence?

Yes. Section 497(1) allows a Magistrate to grant bail in a non-bailable case, except where there are reasonable grounds to believe the accused guilty of an offence punishable with death. Even then, women, children under sixteen and the sick or infirm may be bailed.[3]

Is bail a right for a bailable offence?

Yes. Section 496 says a person accused of a bailable offence shall be released on bail if ready to give it, and the court may release on a personal bond without sureties.[2]

What documents do I need for bail in the CMM court?

A vakalatnama, bail petition, FIR or complaint copy, earlier orders, the accused's NID, supporting medical and address papers, and sureties' details and NIDs.

How much is the bail bond in a Dhaka CMM court?

There is no fixed tariff. The amount must not be excessive and must reflect the circumstances of the case under section 498(1). Ordinary cases often see bonds in the low tens of thousands of taka, such as Tk 10,000.[4] [13]

Can the bail bond be submitted online?

Section 499(3), added by Act No. 11 of 2026, allows the bond to be submitted in person, through a lawyer or through an online system the court permits, with sureties verified by NID or other appropriate means.[5]

What happens if the CMM court refuses bail?

Apply afresh under section 498 to the Metropolitan Sessions Judge (or Sessions Judge outside Dhaka), and if refused there, to the High Court Division.[4]

How long does it take to get out of jail after bail is granted?

Usually the same day or the next, once the bail bond is accepted and the release order reaches the jail. Release is delayed if the person is detained in another case.[6]

Can the court impose conditions on bail?

Yes. Section 498(2) allows any court releasing an accused on bail to impose reasonable and fair conditions to prevent abscondence or ensure good behaviour.[4]

Is a dowry case bailable in Bangladesh?

Offences under the Dowry Prohibition Act 2018 are cognizable, non-bailable and compoundable, so bail is at the court's discretion under section 497.[11]

Can bail be granted if the investigation drags on?

Yes. Under section 167(5), if the investigation is not concluded within 120 days, the Magistrate may grant bail for offences not punishable with death, life imprisonment or more than ten years; the Court of Session may do so for graver offences.[7]