Bail Application samples Pre and Post Arrest
Bail
Application samples
Information
about Bail
In this
article/ blog, not only bundle of formats of Bail petitions either Pre Arrest
Bail petitions or post arrest bail petitions are given but other information
relating to a Bail has also been provided. Bail application formats given
here are according to nature of offences / section wise.
In Urdu,
bail is called Zamanat (ضمانت). After
registration of FIR, the police tries to arrest the accused named in FIR but
accused tries to avoid his arrest and in this regard he approaches the court of
law to get bail. Some offences are bailable and some are non bailable.
The bail in bailable offences is definitely granted by the court because it is
the right of accused to get bail in bailable offences, however, in case of non
bailable offence, it is the discretion of court of the court either to grant or
to reject bail, but before passing of any order either of dismissal or of
acceptance, the court is bound to go through record, facts and evidence
produced before it. The bail granting order or bail dismissing order must be a
speaking order.
Bail
before arrest, in case accused is not arrested
If
accused of any FIR has been informed either by police or through any source
that an FIR has been registered against him, the accused can obtain the copy of
FIR and file a Petition for bail Before arrest / Pre Arrest Bail Petition /
Darkhuwast Zamanat Qabal Az Griftari (درخواست
ضمانت قبل از گرفتار) usually to the Sessions Judge. The bail
petition is accompanied with FIR and other relevant documents in favour of
accused as defense. In rare cases, a Pre Arrest Bail petition can be filed
directly to High Court. If bail petition is filed before Sessions Judge,
the Sessions Judge may hear it personally or to entrust it to any other
Additional Sessions Judge (ASJ).
The Sessions Judge or Additional Sessions Judge or Even Duty Judge whatever the
case may be, send notice to, the State / Police for bringing record of
FIR, and also to the complainant for his appearance on next date of hearing.
In the same order, the accused person/ petitioners in Pre Arrest Bail
Petition may be admitted to Ad-Interim Pre Arrest Bail (عبوری
ضمانت قبل از گرفتاری) and
order the accused to furnish bail bonds for any amount as desired by court. The
accused may be further ordered to join investigation before police and to
appear before the court till final disposal of the petition.
After
passing of the order, the accused has to furnish bail bonds as ordered by the
court and also has to join investigation before Investigating Officer to prove
his innocence. The Robkar given to accused should also be given to the
Investigation Officer so that the police may not arrest the accused. The
accused may produce any document in support of his innocence or may get record
statement of witnesses in his favour.
On the
other hand, the complainant also joins investigation and also produces any documents
or witnesses before Investigating Officer in support of his version or
allegations.
On the next date of hearing, the accused, complainant and police along
with record of FIR appear before the court. The Police or
complainant or his counsel may oppose the bail of accused.
After
hearing arguments of counsels of accused & complainant, version of police,
and also going through the available record, the court either may
accept pre arrest bail petition and to grant bail to the accused person or to dismiss
the pre arrest bail petition and to re-call the ad-interim pre arrest bail
already granted to the accused.
Bail
after arrest, in case accused has been arrested by police
After registration of FIR, if the police arrest the accused person and bring
him in police station, the police start investigation from accused and record
his statement and the statements of others, who know about the facts. After
arrest of accused, the police cannot detain the accused in its custody for more
than 24 hours (one day) as per law because the police has to
produce the accused before concerned Magistrate. If investigation is not
completed by the police within 24 hours and if police requires further
physical custody of accused, it may request to the concerned Magistrate for
getting physical remand, and the court may accept or dismiss the request of
physical remand of police. The Court can also discharge the accused or may
order of judicial remand (means an order for sending the accused to Jail)
and fix next date of hearing.
If the
court makes an order for judicial remand (sending the accused to Jail), the
accused is brought in the court on any next date, as fixed by the court.
In such
situation, when the accused is in Jail, for his bail, a Petition for bail
after arrest / Post Arrest Bail Petition/ Darkhuwast Zamanat Bad az Griftari
(درخواست ضمانت
بعد از گرفتاری) can be filed.
The grounds of a bail petition, may vary and depends on facts of the case, law
and many more things like delay in lodging of FIR, offences being bailable,
falling of offences in non prohibitory clause, contradiction between medical
and ocular evidence, accused being first offender, compromise effected between
accused and complainant, case of civil nature converted into criminal one,
accused is found innocent during course of investigation etc etc. The
FIRs are lodged regarding various offences, hence the grounds of bail can also
be different and depends on the type of offence mentioned in the FIR.
Some Bail applications are filed before Session Judge, some bail
applications are filed before Illaqa Magistrate, some bail applications are
filed before Special Judge Anti corruption, some bail applications are filed
before Special Judge, CNSA etc, some bail application are filed in High Court
and some are in supreme Court after dismissal of bail application from
the lower courts.
Bundle of
Formats of Pre Arrest Bail applications before Session Court
Format of
Bail Application before arrest (406 PPC / Criminal Breach of Trust)
IN THE
COURT OF SESSIONS JUDGE RAWALPINDI
__________son
of __________resident of __________
Petitioner
Versus
The
State
Respondent
PETITION
FOR BAIL BEFORE ARREST UNDER SECTION 498 CR.PC IN CASE FIR NO __________DATED __________OFFENCE
UNDER SECTION 406 PPC P.S __________, RAWALPINDI
Respectfully
Sheweth:
1. That
the offence under section 406 PPC does not attract even from
bare perusal of contents of the FIR. In fact, the matter between the parties is
of purely civil nature but same has been converted into criminal one by way of
lodging of instant FIR.
2. That
in the absence of clear entrustment mere breach of promise,
agreement or contract does not ipso facto attract the definition of criminal
breach of trust in terms of section 406, P.P.C. Reliance is placed
on 2020 P Cr. L J 335
3. That
the main Head of Contract dated
4. That
the instant FIR has been lodged by the police and complainant to pressurize the
petitioner.
5. That two cheques
of Rs. 50,000/- were given by the complainant, one of which was not encashed
and same was given by the petitioner to I.O meaning thereby the terms and
conditions of agreement was not fulfilled by the complainant.
6. That
as per clause 5 of Contract, in case, the complainant wishes to take back his
investment, he shall be bound to service three months notice in advance to
other party but no such notice was served upon the petitioner.
7. That
the petitioner paid Rs. 80,000/- by way of 08 installments @ Rs. 10,000/- per
month to the complainant, hence the total amount received by the petitioner has
already been paid by the petitioner to complainant as above.
8. That
no offence is made out from the contents of FIR and from the nature of contract.
9. That
there are grounds for further inquiry into the guilt of petitioner which makes
out the case to be one of further inquiry under section 497 (2) Cr.PC
10. That
the petitioner has been involved in the instant FIR with malafide intentions
and ulterior motives.
11. That
the Petitioner is previously non-convict by any court of law.
12. That
the petitioner would suffer an irreparable loss, if arrested by the police.
13. That
the petitioner is ready to join the police investigation when and where
required by the police.
PRAYER
Under the circumstances, stated above, it is
therefore humbly prayed that the instant petition may kindly be accepted and
the petitioner may kindly be granted bail before arrest.
Ad interim bail is also prayed for.
Petitioner
Through
CERIFICATE
As per instructions received, it is certified
that this is the first petition for bail before arrest being moved before
this Honourable Court.
Counsel
Format of Bail Application
Before Arrest (489-F/ Cheque Dishonour)
IN THE COURT OF SESSIONS JUDGE ISLAMABAD
_____________son of _____________R/O
_______________________________________
…Petitioner
Vs
The State
…Respondent
CASE F.I.R NO. _____________DATED _____________OFFENCE
UNDER SECTION 489-F, PPC POLICE STATION _____________ISLAMABAD
.
PETITION U/S 498 CR.P.C
FOR THE GRANT OF BAIL BEFORE ARREST
Respectfully Sheweth:-
1. That
the cheque in question was misplaced by the petitioner, and in this
regard, a Rapt No. ____, dated ____ was also lodged in Police
Station __________.
2. That
the signatures mentioned on the Cheque in question are not of petitioner
and Bank's witness in his statement under section 161 of the Code of Criminal
Procedure ("the Code") has stated that the signature on the said
cheque does not match with the petitioner's signature in Bank's record
3. That
the petitioner has falsely been implicated in this case with malafide and
ulterior motives of the complainant as well as of local police.
4. That
the petitioner is the victim of purposely, deliberately, concocted, frivolous,
baseless FIR register to satisfy the grudge of complainant.
5. That
the petitioner never borrowed any kind of money, absolutely no loan has been
taken by the petitioner. Furthermore, there was no nexus between the petitioner
and the complainant of any kind. There were no financial transaction
between the parties ever since.
6. That
being an affluent person the instant FIR is registered not just to deprive the
petitioner for his lawful and ethical remuneration and commission duly payable
by complainant but also to make petitioner suffer in mental torture by
curtailing its basic fundamental right of liberty.
7. That
the case against the petitioner is one of the further inquiry and probe. It is
pertinent to mention here that the story of the complainant is monotonous
and vituperative in nature and it is a dreadful and appalling lie.
8. That
there is no incriminating evidence available against the petitioner to connect
him with commission of said offence. The said cheque/ instrument
was stolen by the complainant and is misused purposely.
9. That
the petitioner is previously non convict having unblemished record of has life
and he is not even involved in any other case.
10. That
even other wise offence U/S 489-F PPC provide maximum punishment of 3 years or
fine or both and does not fall within the prohibitory clause of section 497
Cr.PC. Thus the bail is a rule while its refusal and exception and no
exceptional circumstance is exist in the present case for refusal of bail.
11. That
the petitioner is ready to furnish adequate surety to the satisfaction of this
PRAYER:
In the circumstances, it is
therefore, respectfully prayed that the petitioner may graciously be released
on bail before arrest till the final decision of the case.
Ad-Interim bail is also prayed
for.
Petitioner
Through
Counsel
CERTIFICATE
As per instructions received, it is certified
that this is the first bail petition on the subject matter being moved before
this honourable court.
Counsel
Format of Bail Application
before arrest (302 PPC)
IN THE COURT OF SESSIONS
JUDGE RAWALPINDI
_______________________
….Petitioner
Versus
1. The State
2. _______________________
….Respondents
PETITION U/S 498
CR.PC FOR THE GRANT OF PRE ARREST BAIL IN CASE FIR NO. _______ DATED
___________OFFENCE U/S 302/34 PPC P.S ___________RAWALPINDI
Respectfully Sheweth:
1. That
the story of FIR is false fictitious and baseless
2. That
the petitioner has no concern with the commission of offence mentioned in the
FIR by the complainant.
3. That
the petitioner is not nominated in FIR, he was nominated in this case at
belated stage through a supplementary statement given by the complainant with
malafide intention and ulterior motives.
4. That
at the time of occurrence, the petitioner was neither present at the
place of occurrence nor he participated in the occurrence.
5. That
the petitioner is victim of malicious prosecution.
6. That
no direct or indirect cogent evidence is available against the petitioner.
7. That
the case of the petitioner is calls for further inquiry and probe.
8. That co-accused
namely _____has been granted after arrest bails from the Honourable Lahore High
Court Rawalpindi Bench Rawalpindi.
9. That
the petitioner is previously non-convicted
10. That the
petitioner is ready to join police investigation as and when it is required.
11. That
the petitioner is ready to furnish surety bond for the satisfaction of this
Honourable Court.
PRAYER:
Under the above mentioned circumstances it is
therefore respectfully prayed that petitioner may kindly be enlarged on pre
arrest bail till the final disposal of the petition.
Ad interim bail is also prayed for.
Petitioner
Through
CERTIFICATE
As per instructions received, it is certified
that this is the first pre arrest bail petition on the subject matter being
moved before this honourable court.
Counsel
Format of Petition for bail
before arrest (Cross Version FIR)
IN THE COURT OF SESSIONS JUDGE
RAWALPINDI
1. __________S/O
_______R/O ___________________
2. __________S/O
_______R/O ___________________
….Petitioners
Versus
The state
….Respondent
PRE
ARREST BAIL PETITION U/S 498 CR.PC, IN CASE FIR NO _______, DATED _______.
OFFENCE U/S 337 F(I), 506-II, 148/149 PPC ACCORDING TO CROSS VERSION IN DAILY
DAIRY NO. 4 STATEMENT NO. 3, UNDER SECTION 337F(V)/34 PPC, P.S _______,
DISTRICT _______
Respectfully Sheweth:-
1. That the instant FIR is lodged against the
present petitioners on the basis of cross version as petitioner No. 1 is
the complainant of FIR No. 243 dated 29-07-2013 at Police Station Kahuta,
District Rawalpindi.
2. That the present petitioners have been
involved maliciously, falsely just to pressurize them from prosecuting their
case as they have been made accused in the same FIR No. by same police station
regarding daily dairy No. 4 Para graph No. 3 Under offence 337F(v)/34 PPC.
3. The allegations leveled against the
petitioners are totally false and frivolous having no truth in it. The
Petitioners seeks the pre arrest bail among other on following grounds.
GROUNDS:
1. That
the Petitioners have not committed any offence and are absolutely innocent.
2. The
Petitioners are ready to join Police Investigation as and when required by the
police.
3. That
the Petitioners have apprehension of immediate arrest and humiliation at the
hands of Police while acting malicious.
4. That
the Petitioners are first offender and previously non-convicted by any court of
law.
5. That
the Petitioners belong to respectable family, if arrested, they shall suffer
irreparable loss.
6. That
the Petitioners are ready to furnish sufficient surety for the satisfaction of
this Honorable Court.
In the abovementioned circumstances it is very
humbly prayed that the instant pre arrest bail petition may kindly be accepted
till the final disposal of the case
Ad-interim bail is also prayed.
….Petitioners
Through
Advocate High Court
CERTIFICATE
Certified that this is the first bail before
arrest petition being filed before this honourable court.
Counsel
Format of Petition for bail
before arrest (Hurt Case)
IN THE COURT OF SESSIONS JUDGE
RAWALPINDI
1. __________________
2. ________________
….Petitioners
Versus
1. The state
2. __________________
….Respondents
PRE ARREST BAIL PETITION
U/S 498 CR.PC IN CASE FIR NO ____/18, DATED _____________OFFENCE U/S
337A(I) 337A(II), 337A(III), 337F(I), 452, 148,149 PPC P.S
_____________RAWALPINDI
Respectfully Sheweth:-
1. That the story narrated in the FIR
against the petitioners and others is false, frivolous and ill-founded.
2. That the complainant has falsely
involved the petitioners and others due to malafide intention and ulterior
motives in connivance with local police.
3. That the petitioners are previously
non convicted by any court of law, hence the case of
petitioners does not fall within the parameter prescribed in section 337N
PPC as petitioners cannot be termed as hardened, disparate and dangerous
criminal. It is also worth mentioning here that in the light of section 337N
PPC, punishment under Tazeer cannot be awarded to an offender who is previously
non convicted.
4. That for the exercise of
discretionary punishment of Tazir, guideline is provided in section 337N (2)
PPC, where it is clearly mentioned that “in all cases of hurt, the court may,
having regard to the kind of hurt caused by him in addition to payment of Arsh
award Tazir to an offender who is a previous convict, habitual or
hardened, disparate or dangerous criminal”. Reliance is placed on PLD
2009 Lhr 312.
5. That the proceedings against the
petitioners are malicious, malafide and ulterior motives.
6. That the offences do not fall within
the prohibitory clause of section 497 Cr.PC
7. That there are grounds of further
inquiry and probe into the guilt of the petitioners thus, the petitioners are
entitled for bail before arrest.
8. That the local police is out to
arrest the petitioners and the petitioners shall suffer irreparable loss,
if arrested by the police.
9. That the petitioners belong to
respectable families and previously non convicted.
10.
That the petitioners are ready to join the police investigation when and where
required by the police.
11.
That the petitioners are ready to furnish sufficient bond for the ample
satisfaction of this Honourable Court.
PRAYER:
In these circumstances it is humbly prayed
that the instant petition may kindly be accepted and the petitioners may kindly
be admitted to bail before arrest till the final decision of the case.
Ad interim bail is also prayed.
Petitioners
Through
CERTIFICATE
As per instructions received, it is certified
that this is the first petition on the subject matter being moved before this
honourable court.
Counsel
Format of Petition for bail
before arrest (Anti corruption Case)
IN THE COURT OF SPECIAL JUDGE
ANTI CORRUPTION,
_____________________
….Petitioner
Versus
The State
….Respondent
PRE ARREST BAIL PETITION
U/S 498 CR.PC IN CASE FIR NO. ____, DATED ____UNDER SECTION 420,468,471
PPC AND
Respectfully Sheweth:
1. That
the brief backdrop of the case is that the petitioner obtained admission in
Public Health Nursing School situated at Attock in the year 1996. The
petitioner was granted admission as she fulfilled the required criteria for
admission. Thereafter, the petitioner after successful completion of the
course/ training was awarded with the certificate of Lady Health Visitor.
2. That
this Honourable court is not bound by the sections labeled in the FIR. It is
settled law that each and every ingredient of the offence is to be satisfied
with the statement of the complainant in the FIR.
3. That
the allegations contained in the FIR are not supported by any evidence. Hence
the offences are not made out against the petitioner.
4. That
the instant FIR has been registered in violation of the provisions of relevant
law. It is well entrenched principle of law that thing required to be done in a
specific manner should be done in that manner or should not be done at all.
5. That
the petitioner was granted admission after verification of the credentials
required for admission. In consequence of which, the petitioner produced the
original secondary school certificate, which was condition precedent for
admission.
6. That
the instant case has been filed with malafide intentions and ulterior motives
in connivance with the investigation agency jut to harass and humiliate the
petitioner.
7. That
the investigation agency is out to arrest the petitioner and if arrested, the
petitioner would suffer unjustified humiliation and irreparable loss.
8. That
the petitioner is a married woman and mother of 5 children. Hence the
petitioner is entitled for bail before arrest on this score alone.
9. That
petitioner is ready to join the investigation as and when directed by this
Honourable Court.
10. That
the petitioner is ready to furnish sufficient surety bond to the entire
satisfaction of this Honourable Court.
PRAYER:
Under the above mentioned circumstances it is
therefore respectfully prayed that petitioner may kindly be admitted to bail
before arrest till the final disposal of the main case.
Ad interim pre arrest bail is also prayed for.
Petitioner
Through
CERTIFICATE:-
Certified on the instruction received from the
petitioner this is a second pre arrest bail petition on the subject matter,
being moved before this Honourable Court. The First pre arrest bail petition
was withdrawn as at that time judicial action was not recommended.
COUNSEL
Bundle of Formats of post
arrest bail applications
Format of Petition for bail
after arrest (9C CNSA)
IN THE COURT OF SESSIONS JUDGE
RAWALPINDI
__________________________
Presently confined in Central Jail, Adyala Rawalpindi
….Petitioner
Versus
The state
….Respondent
POST ARREST BAIL PETITION
U/S 497 CR.PC, IN CASE FIR NO _______, DATED _________OFFENCE U/S 9-C/ CNSA,
P.S ______________,
Respectfully Sheweth
1. That
the petitioner has been falsely implicated in the above said FIR with malafide
intention and ulterior motives on behalf of local police.
2. The
story narrated in the FIR is false and the petitioner is absolutely innocent,
having no nexus with the allegation & the chars shown in the case and seeks
his enlargement on bail inter alia on the following
GROUNDS
1. That
there is no direct evidence of the alleged occurrence mentioned in the FIR
which makes the case of the petitioner of further inquiry and probe.
2. That
as the story of the police is false and the petitioner has been involved with
malice and malafide intention, that is why there is no private independent
witness, despite the fact that the occurrence is from a thickly populated area.
3. That
the offence alleged fall within the border line of 9b CNSA and the same does
not fall in prohibitory clause.
4. That
the petitioner is a poor fellow working honestly round the clock for the
livelihood of his kids and there is no other fellow to attend them and to
provide food.
5. That
the petitioner is no more required for the purpose of investigation or inquiry
of the case hence his confinement would serve no useful purpose except the mere
incarceration.
6. That
the petitioner is ready to furnish solvent surety bonds to the satisfaction of
this learned court in case he is enlarged on bail.
In the abovementioned circumstances it is very
humbly prayed that he instant petition may kindly be accepted and the
petitioner may kindly be enlarged on bail till the final decision of the case,
in the interest of justice.
Petitioner
Through
Certified that as per information furnished by
the petitioner it is the 1st post arrest bail petition in this
learned court.
Counsel
Format of Petition for bail
after arrest (9B CNSA)
IN THE COURT OF SPECIAL JUDGE,
CNSA
In the matter of
__________________________
(Presently confined in Central
Jail, Adyala,
Petitioner
Versus
The State
Respondent
PETITION FOR BAIL AFTER
ARREST U/S 497 CR.PC IN CASE FIR NO. _____ DATED __________OFFENCE U/S
6/9-B 14/15 CNSA POLICE STATION ANF/RD
Respectfully Sheweth:
1. That
as per the contents of the FIR it has been alleged that the petitioner was
apprehended by the ANF Authorities from the departure waiting hall of Bainazir
Bhutto International Airport and allegedly recovered 69 Capsules containing 950
grams Heroine which was concealed by the petitioner while eating. Copy of the
FIR is attached herewith for the kind perusal of this Honourable Court. (Copy
of FIR is annexed as “A”)
2. That
the petitioner seeks bail on the following amongst:
GROUNDS
a. That
the petitioner is a senior citizen of Pakistan 75 years of old, heart patient
since 2001. In the year 2005 when the petitioner was admitted in Punjab
Institute of Cardiology,
b. That
petitioner is behind the bar for last 6 months and further detention of
petitioner would serve no judicious purpose. In two occasions, when the
petitioner’s health condition was critical, approached the
c. That
the petitioner is absolutely innocent and has falsely been implicated in the
instant case with malafide intentions by the ANF authorities just to show their
fake efficiency.
d. That
the alleged recovery is planted and nothing was recovered from the possession
of petitioner.
e. That
heroine itself a poison and dangerous for human life and it is not medically
possible for a man to retain huge quantity of heroine in the stomach. So this
sole ground is made the story of prosecution highly doubtful and make the
case of the petitioner for further inquiry and probe.
f. That
it is not acceptable by a prudent mind that a man can breathe while keeping 950
grams of heroine in his stomach and Airport Authorities issued Boarding Card
and declared for traveling, hence story narrated in the FIR proved as false/
concocted.
g. That
there is a modern screening system installed in the Airport and it is not
possible for a man having huge quantity of narcotics, to be declared as clear
for traveling.
h. That
the investigation in the instant matter has already been completed and
petitioner is no more required for further investigation and further detention
of the accused would not serve for any useful purpose.
i. That
the case against the petitioner is one of the further inquiry and there is not
even a scintilla of evidence which could connect the petitioner with commission
of any offence.
j. That
in the light of situation referred supra this is a fit case of further inquiry
and probe meaning there by section 497 (2) attracts with full vigor and
stringency.
k. That
the petitioner is behind the bar for last almost four months and bail cannot
withheld as punishment.
l. That
the petitioner is previously non-convicted.
m. That
even in the light of alleged circumstances, the ingredients of the offences
leveled against do not spell out, furthermore, the offences with which the
petitioner is charged to not fall within the ambit of prohibitory clause of
section 497 Cr.PC as well/
n. That
the petitioner is ready to furnish adequate surety according to the
satisfaction of this Honourable Court.
PRAYER:
Under these
all circumstances, it is therefore, most respectfully prayed that instant
petition may kindly be accepted and the petitioner may kindly be granted bail
after arrest till the final disposal of the main case.
Petitioner
Through
Advocate High Court
CERTIFICATE
As per instructions received, it is
certified that this is the second bail petition on the subject matter being
moved before this honourable court. First bail petition was dismissed by this
Honourable Court vide order dated _________while bail of the co-accused has
been granted by the Honourable High Court Lahore, Rawalpindi Bench, Rawalpindi
on ________.
Counsel
Format of Petition for bail
after arrest (381-A PPC)
IN THE COURT OF ILLAQA
MAGISTRATE P.S ___________RAWALPINDI
___________________Caste ___________________resident of
___________________
Presently confined in Central Jail, Adyala,
…Petitioner
Vs
The State
…Respondent
IN CASE F.I.R NO. _____, DATED _____OFFENCE
UNDER SECTION 381-A,411PPC POLICE STATION _____,
PETITION U/S, 497 CR.P.C FOR THE GRANT OF BAIL
AFTER ARREST
Respectfully Sheweth:-
1. That petitioner has
been falsely implicated in the instant false and frivolous case with the
connivance of police station __________, who arrested the present petitioner in
a case FIR No. _____/2017 registered with P.S _____and
later on, foisted and planted the fake recoveries against the present
petitioner. (copy of FIR is annexed herewith).
2. That the
petitioner seeks bail after arrest on the following grounds:-
GROUNDS
i. That
the petitioner has been falsely implicated in the instant false and frivolous
case with malafide intention and ulterior motives and the complainant is
playing in the hands of local police.
ii. That
Officials of police station ________ arrested the present petitioner on
__________and kept him under illegal and unlawful custody till 29-11-2017 and
subsequently when the present petitioner fulfill their illegal demands of
gratification, the instant FIR along with number of unknown FIRs were
registered against the present petitioner.
iii. That
no incriminating material/ article was recovered from the possession of present
petitioner and the local police foisted and planted the fake recovery
against the present petitioner.
iv. That
whole the story of prosecution is tinted with malafide and malice on the
part of local police and complainant.
v. That
initially, the FIR was registered against unknown person and subsequently, the
present petitioner was implicated through supplementary statement, which has no
persuasive value in the eyes of law.
vi. That
it is settled principle of law that mere registration of number of cases did
not disentitle any innocent person from the concession of bail and bail should
not be withheld as a punishment.
vii. That
the offences leveled against the present petitioner do not fall within the
ambit of prohibitory clause of section 497 Cr.PC. In such like cases, if the
bail is not allowed, it would amount pre trial incarceration.
viii. That
the petitioner is ready to submit sufficient surety bond for the ample
satisfaction of this Honourable court.
PRAYER:
In the circumstances, it is therefore,
respectfully prayed that the petitioner may graciously be released on bail
after arrest, till the final decision of case.
Petitioner
Through
CERTIFICATE
As per instructions received, this is the
first bail petition on the subject ever filed by the petitioner.
Counsel
Format of Petition for bail
after arrest (3/4 of Prohibition (Enforcement of Hadd) Ordinance
1979
IN THE COURT OF JUDICIAL MAGISTRATE,
P.S. ___________, RAWALPINDI.
_____________________
Now confined in Central Jail, Adiala, Rawalpindi.
….Petitioner
Versus
The state
…Respondent
Offence u/S 3/4 of Prohibition
(Enforcement of Hadd) Ordinance 1979
FIR No. ____dated: ____
P.S. ____, Rawalpindi.
PETITION FOR BAIL AFTER ARREST U/S 497 CR.P.C.
Respectfully Sheweth:-
1. That
allegedly 20 Liters wine were recovered from the petitioner.
2. That
the petitioner has been falsely implicated in this case with malafides and
ulterior motives. He is innocent and has nothing to do with the
alleged crime.
3. That the petitioner
has been sent to judicial lock up and no more required for investigation
purposes.
4. That article 4 is
bailable whereas article 3 is not attracted. Prosecution for the purpose
of proving the charge of selling liquor is bound to produce the purchaser, the
currency used for purchase and purchased intoxicant which are not available in
the instant case.
5. That the story
narrated in the FIR is false and concocted one and is not believe able.
6. That the offence
does not fall within the prohibitory clause of section 497 CR.P.C.
7. That section 103 CR.P.C. has been
violated by the police.
8. That the case is one of further
inquiry and probe. Nothing has been recovered from the petitioners and the so
called recovery is planted one.
9. That no offence as alleged is
made out against the petitioners.
10. That the petitioner is not a previous convict.
11. That the petitioner is
ready to furnish sufficient surety to the satisfaction of this Honorable court.
It is, therefore, prayed that the petitioner
may be admitted to bail till the decision of case.
Petitioner
Through
Advocate , High Court.
CERTIFICATE
As per instruction received, it is certified
as per instructions that this is the first bail petition on the subject matter
being moved before Honorable court
Advocate
High Court Bail applications
Formats
Pre Arrest Bail Petition format
High Court (279, 337G, 354, 427, 147,427,149, 452, 337FV)
IN THE HONOURABLE LAHORE HIGH
COURT, RAWALPINDI BENCH RAWALPINDI
Crl. Misc. No. _____B/2020
1. _________________
2. _________________
3. _________________
Petitioners
Versus
1. The state
2 _________________
Respondents
PRE ARREST BAIL PETITION
U/S 498 CR.PC IN CASE FIR NO ______DATED ______OFFENCE U/S 279, 337G
& SUBSEQUENTLY ADDED OFFENCES UNDER SECTIONS 354, 427, 147,427,149,
452, 337FV PPC P.S ______________, RAWALPINDI
Respectfully Sheweth:-
Brief and actual facts:
1. On
13-05-2020, the petitioner No.1 parked his Vehicle bearing No. _______near
complainant’s house (Mohallah Dar)). At about 6:45 PM before Aftari,
_______(brother of complainant) came at the house of petitioners. 1 & 2 and
started hitting/ damaging the main gate. Upon which both petitioner opened the
main gate and _______ (brother of complainant) started quarrelling with the
petitioner No. 1 and 2 that my son leg has been damaged by your parked vehicle.
The petitioners No. 1 & 2 along with _______reached at the spot, where
complainant, ____________________________were already present at the spot. The
Petitioners No. 1 and 2 shocked to see that the vehicle was brutally damaged by
the complainant, _______and their other family members. Due to hitting loud
noise of iron gate of the house of Petitioner No. 1 & 2, number
of peoples of vicinity gathered at the spot. The Petitioners No. 1 & 2 and
their father _______requested them to produce the alleged injured child so that
his treatment could be made properly but neither _______or complainant nor any
of his family members produced the minor injured aged about 2 years rather
started quarrelling with petitioners No.1 and 2. Despite of requests made by
_______ (Petitioner No. 3) along with other neighbourers, to leave the quarrel
and settle the matter peacefully but the complainant remained adamant and also
provoked his fellowmen for assault, _______went at the roof of his house
and while having brick in his hands, extended threats for throwing brick/
killing the petitioner No. 1 etc. (Various Photographs are annexed as annexure D). The
petitioner No. 1 reported the matter to 15 Police. Before arrival of 15 Police,
a person (whose name later on known to be “____”) wearing Police uniform (Muhafiz) who
is relative of complainant, on call by complainant’s side, came at the spot
straightened his pistol towards the petitioner No. 1 & others, and
threatened by straightening his pistol towards petitioner No. 1 and others. He
also, pressed trigger for Ariel firing but gone missed. Many peoples saw this
occurrence from their own naked eyes. The eye witnesses have sworn their Affidavits in
this regard (Affidavit by eye witnesses and statements of accused given during
investigation are annexed as annexure E). After a while, police officials
of 15 also reached at the spot and petitioner moved an application on the same
day i.e 13-05-2020, to Girja Chowki and then to SHO, P.S Saddar Beroni (copy of
application with receipt is annexed as annexure F) but no penal action ever
taken against the complainant etc. Afterwards, with proper consultation and due
deliberation, in counter to the application of petitioner No. 1 dated
13-05-2020, the above-said persons succeeded to get register false and
frivolous FIR by leveling false, frivolous and abusive allegations. (Copies
of FIR is annexed as annexure B),
2. That
the petitioner applied for Pre-Arrest Bail which was dismissed by the court of
ASJ,
GROUNDS
1. That
the complainant, _________ and other family members severely
damaged the vehicle of petitioner No.1 due to the grudge that the vehicle was
parked near their house and petitioner rightly and quickly complained to the
concerned quarter vide dated 13-05-2020 as per annexure “F” just to defeat the
petitioner’s complaint by joining hands with the concerned notorious
Investigating Officer, succeeded to get registered above captioned false and
frivolous annexed as annexure B.
2. Admittedly,
no eye witnesses as mentioned in FIR has get recorded their statements to
corroborate the version of complainant till today. Mere on the statement of
fraudulent complainant, as well his wife, by ignoring the testimony of whole
Mohallah Dar / eye witnesses, believe the imaginative story cooked by the
prosecution and refused to give relief to the petitioners, against the canon of
justice.
3. That on
4. That
the learned Judge ASJ, even ignored the basic principle for grant of pre arrest
bail of malafide and ulterior motives of the complainant as narrated in case of
Hidayat Ullah and Zubair.
5. That
initially three versions were brought by the complainant regarding the alleged
injured child vide dated 15-05-2020 vide Impugned FIR, as well
supplementary statement and Naqsa Madroobi prepared by the I.O. Even, there
glaring contradictions between ocular and medical evidence which would be
sufficient to prove the false story of the prosecution. (MLC is annexed
as annexure C)
6. That
the instant FIR has been lodged with malafide intentions and ulterior motives
encounter the application dated
7. That
there is an inordinate delay of 2- ½ days in lodging of FIR and
subsequently after deliberation, by joining ands with the concerned police,
chalked out the false and frivolous FIR.
8. That
the Torn clothes have not been taken into custody by the police till today.
9. That
the petitioners are previously non-convict, having unblemished record of their
lives.
10. That
the instant FIR has been lodged with malafide intentions and ulterior motives
just to hide and cover up their above said illegal and unlawful acts and during
the Inquiry and pendency of bail application, complainant along with I.O put
maximum pressurize to compromise by withdrawing the application dated
13-05-2020.
11. That
the concerned police is bent upon to arrest the innocent and respectable
petitioners, if the I.O is succeeded in his nefarious designs then the
petitioners would suffer an irreparable loss to their respect, dignity and
honour as well.
12. That
_________SI, is investigating the matter on behalf of _________ SI,
and tendered undue favour to the fraudulent complainant for extraneous
reasons. Even, application for change of Investigation vide Complaint No.
RWP-6/10/2020-3927 dated
13. That
no specific role whatsoever has been attributed to the petitioners rather
general role just to spread the wider net.
14. That
the petitioners have already joined police investigation and have given their
statements. The statements of petitioners and affidavits executed by the eye
witnesses have also been incorporated in Police File during the course of
investigation.
15. That
there are grounds of further inquiry and probe into the guilt of the
petitioners thus, the petitioners are entitled for concession of bail before
arrest.
16. That
the petitioners are ready to join the police investigation.
17. That
the petitioners are ready to furnish sufficient bond for the ample satisfaction
of this Honourable Court.
PRAYER:
In these circumstances it is humbly prayed
that the instant petition may kindly be accepted and the petitioners may kindly
be granted bail before arrest till the final decision of the case.
Ad interim bail is also
prayed for.
Any other relief, which this Honourable court
may deem fit and proper, may also be awarded.
Petitioner
Through
_________
CERTIFICATE
As per instructions received, it is certified
that this is the first petition on the subject matter being moved before this
Honourable Court.
Counsel
Pre Arrest Bail Petition format
High Court (9C/CNSA)
IN THE HONOURABLE
Crl. Misc No. __________/B/2022
ABC son of DEF resident of DEF
….Petitioner
Versus
The state
….Respondent
PETITION FOR BAIL BEFORE
ARREST U/S 498 CR.PC,
IN CASE FIR NO ___,
DATED: ___U/S 9-C CNSA P.S ___, DISTRICT ___
Respectfully Sheweth:-
1. That precisely allegations contained in the
FIR are that complainant alongiwth other police Officials was present on
patrolling duty within in the jurisdiction of Moorat when at about 12:30
P.M a person came from Chakri Road Side on foot while holding a shopping bag
bearing white Colour in his hands tried to slip away while observing the police
party who was apprehended and during his personal research a charas
weighing 50 grams was recovered from his possession and name of the accused
transpired as _____________ son of _____________ Allegations leveled in the FIR
are false baseless and ill founded.
2. That petitioner is not nominated in FIR. No
role whatsoever has been ascribed to the petitioner in the FIR in any manner
whatsoever.
3. That Police with malafide intentions and
ulterior motives while in connivance with the local rivals of the petitioner as
falsely implicated in the instant case without any cogent reasons and evidence.
3. That it is settled principle of law that
confession of the accused before police is inadmissible and it can not be used
against co-accused in the light of Qananoon-e-Shahadat order 1984.
4. That prima-facie even the FIR, name of the
petitioner has not been disclosed by _____________ accused in any manner being
involved in the instant case.
5. That the petitioner is blacksmith and
earlier petitioner had been working with him as employee, but before lodging of
the instant FIR, _____________ had given up employment of the petitioner and
petitioner is not responsible for the acts and deeds of said _____________, if
any.
6. That prior to the instant FIR petitioner
had not been involved in any case relating to narcotics substance act and no
FIR of such case has ever been registered against the petitioner.
7. That the petitioners apprehends arrest and
humiliation at the hands of local Police.
8. That there are grounds for further inquiry
into the guilt of petitioner which makes out the case to be one of further
inquiry U/S 497 (2) Cr.PC
9. That petitioner undertakes to join the
Police Investigation when and wherever it will be required by the Police.
10. That
the Petitioner is ready to furnish sufficient surety for the satisfaction of
this Honorable Court.
In the abovementioned
circumstances it is very humbly prayed that he instant petition may kindly be
accepted and the petitioner may kindly be admitted to pre-arrest bail in the
interest of justice
Ad interim
pre-arrest bail is also prayed for till the final disposal of instant bail
petition.
Petitioner
Through Counsel
CERTIFICATE:
As per instruction received from my client this is first bail
petition on the subject matter ever moved before this Honourable Court.
Counsel
Post Arrest Bail Petition
format High Court (395/412 PPC)
IN THE HONOURABLE
Cr. Misc No. _____/ 2014
___________________
….Petitioner
Versus
1. The State
2. ________________________
Respondents
PETITION UNDER SECTION 497 CR.P.C FOR BAIL
AFTER ARREST IN CASE FIR NO. ____, DATED ____________UNDER SECTION 395/412 PPC
AT POLICE STATION ____________
Respectfully Sheweth,
1. That
earlier petitioner moved petition for bail after arrest before the Honorable
Sessions Judge Rawalpindi which was dismissed by the court vide order
dated
2. That
the petitioner has been falsely implicated in the instant case with malafide
intention and ulterior motives.
3. That
initially case was registered U/S 392 PPC but in order to enhance the gravity
of offence without any evidence local police in connivance with the complaint
deleted the offence U/S 392 PPC and added offence U/s 395 / 412 PPC.
4. That
the petitioner is innocent and seeks the bail after arrest on the following
amongst other:
GROUNDS
a. That
the story of the FIR is totally false, frivolous vexatious and baseless against
the present petitioner.
b. That
the petitioner is not nominated in the FIR.
c. That
from the perusal of the FIR, the date of registration of FIR is 07-02-2013 but
the petitioner was arrested on an application given to Police by the
complainant on 21-05-2013 after delay of at least three and half
months.
d. That
no identification prayed was held in the instant case.
e. That
no description of articles/ gold ornaments is mentioned in the FIR or
application submitted to police.
f. That
the petitioner was arrested on
g. That
the circumstances of the prosecution case ipso fact warrants from its
further inquiry and probe.
h. That
no offence is made out against the petitioner and the case is one of the
further inquiry and probe.
i. That
the petitioner has been involved in the instant case with malafide intention
and ulterior motives on the part of local police.
j. That
the alleged offences do not fall within prohibitory clause of section 497 Cr.PC.
k. That
the petitioner belongs to very respectable family and is previously non
convicted.
l. That
the investigation of the case has been completed and petitioner is behind the
bar since his arrest and is no more required for further investigation by the
police.
m. That
if the petitioner is released on bail there is no chance of his absconder or
tempering with the evidence, which is already in the hands of prosecution.
n. That
the petitioner is ready to furnish the solvent surety according to the
satisfaction of this honorable court.
PRAYER:
In the above circumstances, it
is respectfully prayed that instant petition may kindly be accepted and the
petitioner may kindly be admitted to bail after arrest till the final disposal
of the case.
Petitioner
Dated: __________
Through Counsel
CERTIFICATE
As per instructions received
from petitioner, this is 1st post arrest bail being moved before this honorable
court and no other bail of the petitioner is pending in any court.
Counsel
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