Bail Before Arrest Aplication format/Pre Arrest Bail Application

DRAFT/SPECIMEN/FORMAT

PRE ARREST BAIL:
Pre Arrest bail was filed before High Court after Learned Additional Sessions Judge dismissed bail before arrest of the petitioner.

BEFORE HONOURABLE LAHORE HIGH COURT, LAHORE.

CRIMINAL MISC. NO:____________________________/B/2015

____, SON OF ____, CASTE ____, RESIDENT OF ____, DISTRICT____.

…..Petitioner 

V E R S U S

1. THE STATE
2. ______, SON OF _____, CASTE ___, RESIENT OF ____, DISTRICT____.
…..Respondents
F.I.R. No. : ___/2014
OFFENCE U/S : 406 P.P.C.
DATED : ____
POLICE STATION : _____
DISTRICT : _____

BAIL PETITION 
UNDER SECTION 498 CrPC. FOR GRANT OF BAIL BEFORE ARREST TO THE PETITIONER.

Respectfully Sheweth:
1. That through the instant bail petition, the petitioner seeks bail before arrest in case registered through F.I.R No ___/2014 dated _____, under section 406 Pakistan Penal Code at Police Station ____, District ___.

2. That succinctly stated facts giving rise to the filing of bail petition in hand are that aforementioned FIR was registered on the application of the complainant/Respondent No.2/____(name), 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. Copy of F.I.R No. ___/2014 dated ___ u/s 406 PPC is appended herewith for kind perusal of this Honourable Court as Annex-A.

3. That the petitioner applied for Bail Before Arrest before Learned Sessions Judge, __, however, same was dismissed vide order dated ___ passed by Learned Additional Sessions Judge, ____. Copies of Bail Petition & order of dismissal dated _____ are Annex-B & C.

4. That the FIR is an outcome of cock and bull story and local police is after the petitioner to arrest him, whereas, the petitioner has nothing to do with the commission of alleged offence.

5. That the petitioner has been involved falsely in the instant case, therefore, the petitioner humbly seeks indulgence of this Honourable Court for grant of pre-arrest bail iner-alia on the following grounds: 

GROUNDS

a. That the instant F.I.R is false and frivolous having no truth therein.

b. That the petitioner is totally innocent and he has nothing to do with the commission of alleged offence.

c. That the case of the prosecution is based upon malafide.

d. That the real culprit is _____ 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).

e. That there is an unexplained delay between registration of FIR and commission of alleged offence.

f. That if the petitioner is released on bail, there is no chance that the petitioner would tamper with prosecution witness.

g. That there is no probability of absconsion of the petitioner if he is released on bail.

h. That in aforementioned circumstances, the instant case appears to be one of further inquiry.

i. That the petitioner is law-abiding citizen of Pakistan and never thinks to take law in his hand.

j. That there are reasonable grounds for believing that the petitioner has not committed any offence.

k. That the petitioner is ready to provide surety bond for the satisfaction of this learned court if the pre-arrest bail is granted to the petitioner.

l. That the petitioner humbly seeks to raise additional grounds at the time of the arguments.

P R A Y E R

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 disposal of titled bail petition, interim bail may be granted to the petitioner.


PETITIONER 
THROUGH

Zaheer Abbas Malik
Advocate High Court

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.

Advocate