FORMAT/DRAFT/SPECIMEN OF POST ARREST BAIL/BAIL AFTER ARREST U/S 497 CRPC 1898

IN THE COURT OF LEARNED AREA MAGISTRATE, P.S-WESTRIDGE, RAWALPINDI

ABC _______________NAME

R/O House no. ________________

ABC, Rawalpindi

…Petitioner/Accused no.                                               

Versus

The State

                                                                                                                                               …Respondent                                

                                 FiR No               P.S                   Offence                        Date

                  [FIR NO / Year]        [Write a Name]           406-PPC            [Insert date]

APPLICATION U/S 497 CR.PC FOR THE GRANT OF POST ARREST BAIL IN A CASE FIR NO. [FIR NO / Year] U/S 406 PPC DATED [Insert date] REGISTERED IN [Write Name of ] POLICE STATION, RAWALPINDI

Respectfully sheweth:

1. That through the instant bail petition, the petitioner/accused no. ___ seeks post-arrest bail in a case registered through FIR No.[FIR NO / Year], Dated [insert date], under section 406 of the Pakistan Penal Code 1860 at [Write Name of] Police Station, Rawalpindi.

                              (Copy of FIR No. [FIR NO / Year] is annexed herewith as annexure “A”)

2. That the above mentioned FIR got registered by the complainant namely _______ S/O __________ against _____________ (Principal Accused) and 6 other people whereby the complainant and the police with mala-fide and personal grudges illegally nominated the accused/petitioner in the case and detained and arrested the accused since 11 days and now the accused is behind the bar.
3. That the petitioner/accused has nothing to do with the commission of alleged offence as he was just an employee of the principal Accused and was working as data entry operator.
4. That the petitioner is completely innocent and belongs to a very poor family that’s why police illegally arrested and detained the petitioner by use of force and the complainant continuously extending threats towards accused petitioner.
5. That the story narrated in the FIR doesn’t incriminate the Accused no.___ and FIR is completely silent about the role of accused no. ____ and dispute was actually between the complainant and the principal accused namely Imran Ahmad.
6. That the petitioner/accused is nominated in the FIR at no. _____ as police in connivance with complainant mala-fidely involved the petitioner in the instant case.
7. That the petitioner/accused has been behind the bar since 11 days approximately.
8. That the petitioner/accused has been involved falsely in the instant case, therefore, the petitioner/accused humbly seeks the indulgence of this leaned court for the grant of post arrest bail inter-alia on the following grounds;

GROUNDS

9. That the petitioner/accused is completely innocent and he has nothing to do with the commission of alleged offence.
10. That the case of the prosecution is based upon mala-fide of the police and the complainant also as the FIR is completely silent about the role of petitioner/accused.
11. That the original dispute of money/transaction is between the principal accused ________ and the Complainant. The principal accused _______ silently escaped from the jurisdiction of Pakistan even without paying the petitioner’s salary of 4 months, however, the police in connivance of the Complainant illegally and mala-fidely involved the petitioner in the instant case hence, the Complainant has no locus standing to lodge FIR, therefore, this case is of further inquiry.
12. That there is an unexplained delay between the registration of FIR and commission of alleged offence which clearly shows the mala-fide of the Complainant and police.
13. That if the petitioner/accused is released on bail, there is no chance that the petitioner/accused would tamper the prosecution witness.
14. That there is no probability of abscondance of the petitioner if he is released on bail.
15. That in aforementioned circumstance, the instant case appears to be one of further inquiry.
16. That the petitioner is law-abiding citizen of Pakistan and never thinks to take law in his hand.
17. That the petitioner is ready to provide surety bond for the satisfaction of this learned court if the post-arrest bail is granted to the petitioner/Accused no. ___.
18. That nothing incrimination and substantial material available on record, connecting the petitioner with the commission of the alleged offense in this way the complainant and local police of the case did high handedness and tried to involve the petitioner in this false and frivolous case.
19. That the petitioner is respected law-abiding citizen, having no criminal record and never ever involved in any criminal proceedings.
20. That there is no apprehension of abscondance of the petitioner or to tamper with the prosecution evidence.

 Prayer

It is therefore respectfully prayed that the petitioner may kindly be released by granting the post arrest bail in the best interest of justice.

Any other relief which this Learned Court deems fit and proper may kindly be granted.

                  …Petitioner

Through

Asadullah Hassan Hashmi

Advocate High Court

LLB(Hons) UOS

LLM-ITL

0332-7516974/ 03320074848

Certificate:
It is certified that upon instructions of the client it is the first petition for post arrest bail filed before this Honorable Court in the matter in hand.

Counsel