Draft: Bail Before Arrest 498 CrPC
IN THE COURT OF SESSIONS JUDGE, LAHORE.
Bail Application No._______________/2010
Haji son of Ch. Muhammad , Arain by Caste and resident of 24/297 Qari Colony, Bund Road Daroghawala,Tehsil Cantt, District Lahore.
……….PETITIONER
Versus
The State.
…….RESPONDENT
CASE : FIR No.239/10 dated 3.6.2010
Police Station Manawan, Lahore.
OFFENCE : Under Sections 420/468/471of PPC.
PETITION: Under Section 498 Cr. P. C. for grant of bail before arrest.
__________
RESPECTFULLY SHEWETH:
That the above titled case was got registered on the complaint of one Shahid Mahmood against the petitioner and eight others under the said offences. For detailed prosecution story a copy of the FIR is enclosed as Annexure “A” for the kind perusal of this Honourable Court.
2. That the petitioner being innocent pray for the concession of bail before arrest from this Honourable Court inter alia on the following:-
G R O U N D S
a). That the petitioner is absolutely innocent and he has falsely been implicated in the instant case with mala fide intention, ulterior motives just to blackmail, harass, pressurize and humiliate him.
b). That the prosecution story is totally false, baseless, concocted and unbelievable. The complainant roped the petitioner in the alleged offence with active connivance of the local police with mala fide intention in order to fulfill his nefarious designs.
c). That it is important to point out here at this very juncture that neither the petitioner has executed any Agreement to Sell for any land nor he has executed any sale deed in favour of the complainant. Similarly neither he received any consideration amount from the complainant nor he handed over possession of the land. Further stated that neither the petitioner stood surety nor witness of the deal in question. In the given circumstances, it is proved that the petitioner has no concerned with the instant case.
It is very important to mention here that the complainant purchased land from brother of the petitioner, obtained possession, made construction over the over the land in question and sale deed was executed in her favour. The possession was given to her which had already been clearly mentioned in the Sale Deeds.
It is also to mention here that the complainant did not made payment of full consideration amount to brother of the petitioner and gave a cehque for some amount which was dishonoured and ultimately a criminal case was registered against the complainant and another. Similarly brother of the petitioner also filed a suit for cancellation of sale deed executed in favour of the complainant which is still pending in the Court of learned Civil Judge, Lahore. Unfortunately brother of the petitioner was died and the complainant got the instant case registered against the petitioner, his deceased brother Talib Hussain, his son and his widow jus to blackmail and harass them.
It is also worth mentioning here that the complainant also got registered a criminal case against one Israr Butt regarding the possession of the land in question. In such a situation no case is made out against the petitioner and he becomes entitled for the concession of bail before arrest from this Honourable Court.
d). That the instant case has been registered on the complaint of one Shahid Mahmood brother of Mst. Umm-e-Kalsoom, who has no locus standi to get registered the same, as he has no locus standi to get the registration of instant case against the petitioner.
e). That the petitioner has no concern in any manner whatsoever with the commission of alleged offence and the case of the petitioner becomes one of further inquiry and as such the petitioner is entitled for the concession of bail before arrest from this Honourable Court.
f). That there is an un-explained delay of more than 2 years in the registration of FIR which creates much doubts in the prosecution story and the benefit of every doubt always goes in favour of the petitioner, even at bail stage.
g). That the petitioner has not manufactured any bogus document nor used the same as genuine document and as such no offence is made out from the story of the complainant.
h). That the offence under section 420 PPC is bail able while the other offences under sections 468 and 471 PPC are non cognizable and all the offences do not fall within the prohibitory clause of section 497 Cr.P.C. and as such the petitioner prays for the concession of pre-arrest bail from this Honourable Court.
i). That the prosecution has no direct or indirect evidence against the petitioner to connect him with the commission of alleged offence.
It is also important to mention here that civil litigation is already pending in respect of land in question and the instant case is the result of mala fide on the part of the prosecution.
j). That the petitioner belongs to a respectable family and he cannot even think to commit such like offence as alleged by the prosecution.
k). That the police is conducting raids to effect the arrest of the petitioner and in case the petitioner is arrested in this false case his honour, dignity and repute will suffer a lot.
l). That the petitioner is previously non-convicted and there is no probability of absconding away or tampering with the prosecution witnesses by the petitioner.
m). That nothing is to be recovered from the petitioner and in such a situation he deserves the concession of pre-arrest bail from this Honourable Court.
n). That the petitioner is ready to join police investigation to prove his innocence, as per directions of this Honourable Court.
o). That the petitioner is ready to furnish reasonable sureties as per direction and satisfaction of this Honourable Court.
P R A Y E R
FOR THE FOREGOING HUMBLE SUBMISSIONS,
it is most humbly and respectfully prayed that the petitioner may very kindly be allowed bail before arrest in the instant case till its final decision, in the larger interest of justice.
It is further prayed that ad interim pre-arrest bail may very graciously be allowed to the petitioner till the final disposal of the titled bail petition, to meet the ends of justice.
PETITIONER
Through
(Adv M.A)
Advocate High Court,
-Lawyers Chambers, District Courts.
Dated: __________
CERTIFICATE:
Certified as per instructions of my clients, this is the Ist bail petition in this case before this Honourable Court.
COUNSEL
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