Bail Before Arrest

 Asalam U Alikum! This topic is about Bail before Arrest. But before going to the main topic we have to discuss why and when we take bail before Arrest. In criminal proceedings Under CR.P.C section 498 we can avail Pre-arrest Bail(Bail before Arrest) after lodging of FIR. So here comes a question what is an FIR. FIR is stands for First information report , this is a kind of application in written which can be submitted in a police in which the jurisdiction of an offence lies. After submission of application the concerned police officer take charge and starts his investigation. In investigation if necessary he can call both parties so matter can be resolved through negotiation or otherwise if he realize the application is correct, he can lodge an FIR or he can disposed off the application if he thinks fit. This is a duty of concerned police officer to lodge the FIR ASAP if the applicant is on right track.

 So after lodging of FIR when have three remedies.

1. Avail Pre-Arrest Bail(in case you will not get arrested by the Police)

2. Avail Post Arrest Bail(in case you got arrested by the police)

third and lastly you can Quash the FIR in any concerned High Court .

in This Topic we will only discuss about the Pre-Arrest Bail.

 after lodging of FIR and you got yourself save from arrest anyhow than you can apply for Pre-arrest bail. The Pre-arrest bail can be avail through lawyer and it marked to concerned Additional Session Judge who has jurisdiction on the matters of the concerned Police station. On the first date of hearing you appeared before the same Judge and you will get interim Relief as a direction to concerned police station to not arrest the same person who have applied for bail after submitting proper valued surety bonds to the court and guarantee to appear on the Court until the final decision of the Court. The value of the surety will be depend on the offence you have committed. And after the decision of the Bail either your get released after accepting your bail application or either you get arrested if your bail application is rejected.

For your information a sample file is also attached to avail the Pre-Arrest Bail.


IN THE COURT OF DISTRICT SESSION JUDGE, LAHORE

 

 

 

 

 

ABC SON OF BCD RESIDENT OF , LAHORE

                       

 

                                                                                ….PETITIONER

 

VERSUS

THE STATE

                                                                                                ….RESPONDENT

 

CASE FIR NO                 : 280/2021

OFFENCE U/S               :462J

POLICE STATION           :SHAFIQA ABAD

 

PETITION UNDER SECTION 498 CR.P.C FOR GRANT OF BAIL BEFORE ARREST

 

RESPECTFULLY SHEWETH:

1.   That the above title case has been lodged against the petitioner with malafide intention.

2.   That the contents of the FIR are false, frivolous and nothing just a cook and bull story.

3.   That the petitioner seeks pre-arrest bail on the following grounds amongst the other:

 

 

GROUNDS

·        That the petitioner is absolutely innocent and has no concern with the alleged offence.

·        That no occurrence has been taken place, the story of the prosecution is false in Toto.

·        That the petitioner is nominated in FIR, that the petitioner has no concern with the occurrence place no concern with a ledge occurrence.

·        That there is no evidence available with the prosecution to believe that the petitioner has any connection with the alleged offence and the case required further probe and inquiry entitling the petitioner for grant of bail.

·        That the petitioner was involved in the case is only on the bases of presumption due to the malafide intention of the complainant that the petitioner is ready to associate with the investigation and proves his innocence.

·        That the petitioner is ready to furnish surety to the satisfaction of this Honorable court.

·        That the petitioner is previously non-convicted in any other case.

·        That there is no likelihood to abscond and temper with the prosecution evidence, in case, the petitioner is allowed bail before arrest.

 

 

In the view of the above submission, it is therefore most humbly prayed that the petitioner may kindly be allowed bail before arrest in the supreme interest of justice and equity.

          It is further prayed that ad-interim bail may also be granted.

          It is further prayed that any other relief which is deem fit by this honorable court may also be granted.

         

                                                                                      Petitioner

                             Through

 

                                                Murtaza Javed Bhatti

                                                Advocate High Court

 

Certificate

It is certified that this is first bail petition before this honorable court.


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