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| Pre Arrest Bail Petition formats and Post Arrest Bail Petition formats |
In the name of ALLAH, the most beneficent, the most
merciful
Bundle of 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.
Following is the photo of
order of Session Court, allowing ad interim bail of accused.
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| Order of Session Court in Bail 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 __________,
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