Draft Specimen Template Pre-Arrest Bail
BEFORE THE HONORABLE LAHORE HIGH COURT, LAHORE.
CRIMINAL MISC. NO: PL/LHC/XX-XX-2015/B/001
MR. ALI KHAN, SON OF ASIF KHAN, CASTE KHAN, RESIDENT OF 123, DEFENCE ROAD, LAHORE.
Petitioner
VERSUS
1. THE STATE
2. MR. USMAN AHMED, SON OF MR. KHALID AHMED, CASTE KHAN, RESIDENT OF 456, LIBERTY MARKET, LAHORE.
Respondents
F.I.R. No.: XYZ/2014
OFFENCE U/S: 406 P.P.C.
DATED: 15-02-2014
POLICE STATION: ABC
DISTRICT: XYZ
BAIL PETITION
UNDER SECTION 498 CR.P.C. FOR GRANT OF BAIL BEFORE ARREST TO THE PETITIONER.
Respectfully Sheweth:
1. Through the instant bail petition, the petitioner seeks bail before arrest in the case registered through F.I.R No XYZ/2014 dated 15-02-2014 under section 406 Pakistan Penal Code at Police Station ABC, District XYZ.
2. Succinctly stated facts giving rise to the filing of the bail petition in hand are that the aforementioned FIR was registered on the application of the complainant/Respondent No.2/Ahmed Ali, wherein it has been alleged that the petitioner was entrusted with some amount of the complainant and he misappropriated the same; hence, the FIR was registered against the petitioner. A copy of F.I.R No. XYZ/2014 dated 15-02-2014 u/s 406 PPC is appended herewith for the kind perusal of this Honourable Court as Annex-A.
3. The petitioner applied for Bail Before Arrest before Learned Sessions Judge, Sarah Khan, however, the same was dismissed vide order dated 25-03-2015 passed by Learned Additional Sessions Judge, David Ahmed. Copies of the Bail Petition & order of dismissal dated 25-03-2015 are Annex-B & C.
4. The FIR is an outcome of a cock and bull story, and the local police are after the petitioner to arrest him, whereas the petitioner has nothing to do with the commission of the alleged offence.
5. The petitioner has been falsely involved in the instant case; therefore, the petitioner humbly seeks the indulgence of this Honourable Court for the grant of pre-arrest bail inter-alia on the following grounds:
GROUNDS
- The instant F.I.R. is false and frivolous, having no truth therein.
- The petitioner is totally innocent, and he has nothing to do with the commission of the alleged offence.
- The case of the prosecution is based upon malafide.
- The real culprit is Ayesha Bibi with whom the complainant has affected compromise, and the petitioner is not responsible for any misappropriation as no money was entrusted to him. (this ground depends upon the circumstances of the case).
- There is an unexplained delay between the registration of the FIR and the commission of the alleged offence.
- If the petitioner is released on bail, there is no chance that the petitioner would tamper with prosecution witnesses.
- There is no probability of the petitioner absconding if he is released on bail.
- In the aforementioned circumstances, the instant case appears to be one of further inquiry.
- The petitioner is a law-abiding citizen of Pakistan and never thinks to take the law into his own hands.
- There are reasonable grounds for believing that the petitioner has not committed any offence.
- The petitioner is ready to provide a surety bond for the satisfaction of this learned court if the pre-arrest bail is granted to the petitioner.
- The petitioner humbly seeks to raise additional grounds at the time of the arguments.
PRAYER
In the aforementioned circumstances, it is humbly prayed that the petitioner may kindly be granted bail before arrest.
It is also humbly prayed that till the disposal of the titled bail petition, interim bail may be granted to the petitioner.
PETITIONER
THROUGH
Ikyan Shah
Advocate High Court
0302-6111222
Ikyan Law Associates, Green Acres Main Boulevard Lahore.
Certificate:
It is certified that upon instructions of the client, it is the 1st petition for bail before arrest filed before this Honourable Court in the matter in hand.