PRE-ARREST BAIL APPLICATION BEFORE SESSIONS COURT U/S 498 CRPC/ DRAFT/SPECIMAN/SAMPLE

IN THE COURT OF LEARNED SESSIONS JUDGE, RAWALPINDI

B.B.A No._____________/2024

ABC_________.

R/O Flat no. 1, Plot No. ______________, Asghar Mall Road, Rawalpindi

…Petitioner/Accused

VERSUS

The State

    …Respondent

 

S. H S/O Ghulam Sarwar

R/O House no. ________, Mohallah Haripurah, Rawalpindi

…Complainant

FIR No. 830/24, DATE 13/07/2024, U/S. 337H(ii)/506(ii)/34 PPC P.S. BANNI, DISTRICT RAWALPINDI

BAIL APPLICATION U/S 498 CR.PC 1898 FOR THE GRANT OF PRE ARREST BAIL OF ACCUSED NO.3 

Respectfully sheweth:

On behalf of the above named Applicant, it is respectfully submitted that this Honorable Court may be pleased to grant him Pre-arrest Bail in consideration of the following facts and grounds:

  1. That the age of petitioner is 15 years and 10 months till today and student and studying in Rawalpindi and has never been involved in any criminal or other litigation.
  2. That the brief facts of the case are that the Accused/Petitioner namely Muhammad Ibrahim, is one of the nominated accused at serial no. 3 in case FIR No. 830/2024 dated 13/07/2024 registered at Police Station Banni, District Rawalpindi, for offences under sections 337H(ii), 506(ii) and 34 PPC. Whereby the complainant falsely and with mala-fide intention involved the accused petitioner in the instant case just to humiliate the accused petitioner and to spoil his educational career.

(THE COPY OF F.I.R 830/24 DATED 13/07/2024 IS ANNEXED HEREWITH AS ANNEXURE “A”)

 

  1. That the story narrated in the FIR is silent about the role of the accused petitioner in the alleged occurrence.

 

  1. That the principal accused have got the ad-interim pre-arrest bail in the instant case from the Court of Learned Irfan Akram, Addl: Sessions Judge, Rawalpindi. Through this petition the Petitioner seeks pre-arrest bail so that he can appear before I.O of the case to clear his stance in the interest of justice.

 

  1. That the petitioner is innocent and complainant in connivance with the local police illegally and with mala fide intention had implicated him in the case FIR No. 830/2024 with ulterior motive just to humiliate the accused petitioner and to ruin the educational career of petitioner.

 

  1. That these are the fundamental rights of accused petitioner which are protected under Article 9 (right to life and liberty), Article 10A (right to fair trial) and Article 14 (right to dignity) of the Constitution to approach the Court of Competent Jurisdiction to be dealt with in accordance with law and to seek the pre-arrest bail in the interest of justice.

 

  1. That the accused petitioner has apprehension of immediate arrest and if the petitioner is arrested by the Police, it will cause great humiliation to the petitioner and his family and will hinder his chances to defend his stance before the Trial Court and Police.

 

  1. That it is imperative to mention here that all the other accused persons are on bail in the subject case FIR no. 830/2024. Furthermore, the local police is bent upon to arrest the accused petitioner under the influence and pressure of complainant who is politically well-connected.

 

  1. That the Pakistan’s Constitution of 1973 does not specifically mention the term ‘access to justice’ but it has always been considered as one of the basic constitutional values and a part of various enumerated fundamental rights. It is an integral part of rule of law.[1]

 

  1. In Miss Benazir Bhutto v. Federation of Pakistan and another (PLD 1988 SC 416) Muhammad Haleem, CJ. wrote:

“… ‘access to justice to all’ … is not only an internationally recognized human right but has also assumed constitutional importance as it provides a broad based remedy against the violation of human rights and also serves to promote socio-economic justice which is pivotal in advancing the national hopes and aspirations of the people permeating the Constitution and the basic values incorporated therein, one of which is social solidarity, i.e. national integration and social cohesion by creating an egalitarian society through a new legal order.”[2]

 

  1. That the accused petitioner is seeking the pre-arrest bail inter-alia on the following grounds;

 

GROUNDS:

 

12. That the accused petitioner falsely implicated by the complainant in connivance with the local police and no role has been attributed upon him in the case FIR No. 830/2024.

13. That the age of accused petitioner is 15 years and 10 months approximately and he falls within the definition of minor.

14. That the accused petitioner was not present at the place of occurrence however, the complainant in connivance with local police falsely implicated the accused petitioner into this case.

15 That no incriminating and substantial material is available on the record, connecting the petitioner with the commission of alleged offence.

16. That the accused petitioner is quite young and is a student of 10th class and he is quite innocent and has no role in the alleged occurrence.

 

17. That all the other accused persons nominated in the FIR have already been admitted to bails. Furthermore, the accused petitioner falsely implicated his name in the subject FIR just to humiliate the petitioner.

 

18 That there is an apprehension of the arrest of the petitioner which may cause the hindrance to get justice and apprehension of humiliation by the Police and if the pre-arrest bail has not been granted to the accused petitioner, he shall suffer an irreparable loss.

 

19. That the Petitioner has no likelihood of absconding and further to join the inquiry and investigation in order to clear his stance, the pre- arrest bail needs to be granted by this Honorable Court.

 

20 That the Petitioner’s fundamental right under Article 10A would be breached if pre- arrest bail not granted to him. The Article states the following:

 

Right to fair trial- For the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process.

 

21. That the Petitioner’s fundamental Right under Article 10 A of the Constitution ensures that every person, for determination of his civil rights and obligations or in criminal charge against him, shall be entitled to fair trial and due process as one of the fundamental rights guaranteed under the Constitution. (PLD 2014 SC 232)

 

22. That Indeed, it is cornerstone of the administration of justice in the country that all people, whether innocent or guilty, are entitled to the due process of law and are to be deemed innocent until proven guilty after a fair trial. Article 10A of the Constitution has now codified this principle of due process in the form of a fundamental right (PLD 2012 SC 664). Rule of law and due process are fundamental to any civilized system of governance and more so in a democratic welfare State of Pakistan (2011 PLC (C.S.) 799).

 

23. Right of “access to justice to all” is a well-recognized inviolable right enshrined in Article 9 of the Constitution and is equally found in the doctrine of “due process of law”. Right includes the right to be treated according to law, the right to have a fair and proper trial and a right to have an impartial court or tribunal (2011 SCMR 408).

 

24. In Government of Balochistan through Additional Chief Secretary vs. Azizullah Memon and 16 others (PLD 1993 SC 341) the Hon’ble Supreme Court of Pakistan approvingly cited the following excerpt from Sharaf Faridi and 3 others vs. The Federation of Islamic Republic of Pakistan through Prime Minister of Pakistan and another (PLD 1989 Karachi 404) decided by 7-Member Bench of the Sindh High Court:

 

“The right of ‘access to justice to all’ is a well-recognized inviolable right enshrined in Article 9 of the Constitution. This right is equally found in the doctrine of ‘due process of law’. The right of access to justice includes the right to be treated according to law, the right to have a fair and proper trial and a right to have an impartial court or tribunal. This conclusion finds support from the observation of Willoughby in Constitution of the United States, Second Edition, Vol. II at page 1709 where the term ‘due process of law’ has been summarized as follows:

1) He shall have due notice of proceedings which affect his rights.

2) He shall be given reasonable opportunity to defend.

3) That the tribunal or court before which his rights are adjudicated is so constituted as to give reasonable assurance of his honesty and impartiality, and

4) That it is a court of competent jurisdiction.”

25. In Aftab Shahban Mirani vs President of Pakistan and others (1998 SCMR 1863) the apex Court once again cited the above passage and added:

“The above extract indicates what are the basic requirements of the doctrine of ‘due process of law’ which is enshrined inter alia in Article 4 of our Constitution. It is intrinsically linked with the right to have access to justice which this Court has held inter alia in the above report as a fundamental right. This right inter alia includes the right to have a fair and proper trial and a right to have an impartial Court or Tribunal. A person cannot be said to have been given a fair and proper trial unless he is provided a reasonable opportunity to defend the allegation made against him.”

 

26. In a case namely Riaz-ul-Haq and another vs. Federation of Pakistan through Ministry of Law and others cited as (PLD 2013 SC 501) the apex Court held:

“It is to be noted that the right of ‘access to justice to all’ is a well-recognized inviolable right enshrined in Article 9 of the Constitution and is equally found in the doctrine of ‘due process of law’. It includes the right to be treated according to law, the right to have a fair and proper trial and a right to have an impartial court or tribunal.”[3]

 

 

27. That if the Petitioner is not granted pre-arrest bail he will not be able to defend himself properly, he shall suffer an irreparable loss which cannot be measured and that he will be humiliated in the eyes of the society by the local police and complainant.

 

28. That the Applicant is a student and belong to a poor family and cannot afford and arrange huge surety however ready to furnish minimum acceptable surety to the satisfaction of this Hon’ble Court.

 

29. That other ground may be argued at the time of hearing of this pre-arrest bail application.

 

 

PRAYER

It is, therefore, most respectfully prayed that this Honorable Court may be pleased to grant the Pre-Arrest Bail to the petitioner namely M. ABC____ under the facts and circumstances mentioned herein above in the interest of fair justice. Furthermore, ad-interim bail may also be granted till the final disposal of this petition and oblige.

Prayed accordingly in the interest of Justice and any other relief, which this Honorable Court deems fit and appropriate may kindly be granted.

Applicant/Petitioner

 

Through

 

ASADULLAH HASSAN HASHMI

ADVOCATE HIGH COURT

LLM-ITL(Medalist)

CC#____________

 

Certificate : As per instructions received from the client, this is 1st bail petition on the subject, filed on behalf of the Applicant/Petitioner before this Honorable Court. No other litigation on the subject matter is either has been decided by or pending before this honorable court or any other competent court of law.

Counsel

 

IN THE COURT OF LEARNED SESSIONS JUDGE, RAWALPINDI

B.B.A No._____________/2024

M. ABC——-

R/O Flat no______________ Asghar Mall Road, Rawalpindi

…Petitioner/Accused

VERSUS

The State

    …Respondent

FIR No. 830/24, DATE 13/07/2024, U/S. 337H(ii)/506(ii)/34 PPC P.S. BANNI, DISTRICT RAWALPINDI

BAIL APPLICATION U/S 498 CR.PC 1898 FOR THE GRANT OF PRE ARREST BAIL OF ACCUSED NO.3 NAMELY MUHAMMAD IBRAHIM S/O AQUIB HUSSAIN

AFFIDAVIT

I, ABC _______S/O______________, R/o Flat no. 1, ___________, Asghar Mall Road, Rawalpindi, do hereby states as under: –

  1. That I am the Applicant/Deponent of this affidavit and as such am fully conversant with the facts of the matter deposed herein.
  2. That I have filed this Pre-arrest Bail Petition, the accompanying application has been drafted and filed under my express instructions and the same may be treated as part and parcel of this affidavit, the contents of the accompanied application has not been reiterated for the sake of brevity.
  3. That unless the accompanying application is not allowed I shall suffer irreparable loss, which cannot be measured and whatever stated above is true and correct to the best of my knowledge and belief.

DEPONENT

VERIFICATION

Verified on oath on this_______ day of July 2024 that the contents of the said affidavit are true and correct to my knowledge and belief.

 

DEPONENT

IN THE COURT OF LEARNED SESSIONS JUDGE, RAWALPINDI

B.B.A No._____________/2024

M. ABC….

R/O ________________ Asghar Mall Road, Rawalpindi

…Petitioner/Accused

VERSUS

The State

    …Respondent

FIR No. 830/24, DATE 13/07/2024, U/S. 337H(ii)/506(ii)/34 PPC P.S. BANNI, DISTRICT RAWALPINDI

BAIL APPLICATION U/S 498 CR.PC 1898 FOR THE GRANT OF PRE ARREST BAIL OF ACCUSED NO.3 NAMELY MUHAMMAD IBRAHIM S/O AQUIB HUSSAIN

INDEX

 

Sr. No. Detail Date Annexure Page
1. Pre-arrest Bail petition along with affidavit         
2 Copy of Case FIR No. 830/24   A  
3  Copy of Form-B of Applicant   B  
4 POWER OF   ATTORNEY      

 

Through

ASADULLAH HASSAN HASHMI

Advocate High Court

LLM-ITL(Medalist)

Email: asad.legalworld@gmail.com

Cell 0332-7516974

C.C  # _______________

Date­­­­_____/_____/ 2024

[1] Al-Jehad Trust through Raeesul Mujahideen Habib-ul-Wahab-ul-Khairi and others (PLD 1996 SC 324); Khan Asfandyar Wali and others v. Federation of Pakistan through Cabinet Division, Islamabad and others (PLD 2001 SC 607); Watan Party and others vs Federation of Pakistan and others (PLD 2012 SC 292); and Sh. Riaz-ul-Haq and another v. Federation of Pakistan through Ministry of Law and others (PLD 2013 SC 501)

[2] These observations were approvingly cited in Sh. Riaz-ul-Haq and another v. Federation of Pakistan through Ministry of Law and others (PLD 2013 SC 501)

[3] These observations were reaffirmed in Justice Qazi Faez Isa and others vs. The President of Pakistan and others (PLD 2021 SC 1) at p. 85

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