Definition Of Bail And Format Of Post Arrest Bail U/S 497 Of Cr.PC

Almost everyone once in his/her life come across the word bail, either post arrest bail or pre-arrest bail. But what is bail? What is the meaning of bail? A layman usually asks this question. In literal sense bail means to Bail means to help out of a financial or another difficulty.

In law bail definition is somewhat different. When a person who has been accused of a crime arrested by the police. He/she through his attorney applies in court to procure the release from legal custody. Meanwhile gives undertaking that he/she shall appear at the time and place designated and submit himself to the jurisdiction and judgment of the court.

The court set free that person arrested or imprisoned, on security being taken for his appearance to appear on a certain time, day, and place.

Court receives the bail money which also known as bail bond and place him/her into the hands of those who bind themselves to bring that accuse in court on required day.

This Bail is of two types bail before arrest also called pre arrest bail given under 498 of Cr.PC and bail after arrest also called post arrest bail under 497 of Cr.PC.

In this post, I have provided a format, example of post arrest bail. This format of bail after arrest will help the new lawyer while drafting application for bail after arrest.

IN THE COURT OF DISTRICT & SESSIONS JUDGE, RAWALPINDI.

ABCD resident of CDEF Tehsil and District Rawalpindi.
AB son of CD resident of Village Taja Bhara, Tehsil FAteh Jang District Attock.

…. Petitioners

VERSUS

The State
GHI w/o JKL resident of Village Mujahat, P.S Chauntra, Tehsil and District Rawalpindi.

…Respondents

CASE FIR NO…. DATED 28-08-2008 UNDER SECTIONS 302/147/149 PPC REGISTERED AT P.S CHAUNTRA, TEHSIL & DISTRICT RAWALPINDI.

PETITION UNDER SECTION 497 Cr.P.C FOR THE GRANT OF POST ARREST BAIL.

Respectfully Sheweth,

That brief story of the case is that Mst. Shamim Akhtar, complainant lodged the FIR with an allegation in brief that on 28-08-2008 at about 30 am, she alongwith her husband Tauqeer Ahmed (deceased), Raja Gulfaam Akhtar and Raja Imtiaz Qamar (PWs) boarded a car and proceeded towards her house at Rawalpindi. Tauqeer Ahmed was driving the car. The moment, the car reached within the area of village Mujahad, two vehicles boarded by the petitioners here in and other four accused persons blocked the way, Tauqeer Ahmed (deceased) stopped his car, upon which, the petitioners and other co-accused persons alighted from their vehicles allegedly Tariq Mehmood accused raised LALKARA that Tauqeer Ahmed should not let alive. The accused persons dragged out Tauqeer Ahmed and PWs from the car Muhammad Safdar petitioner No. 2, gave churri blow to Tauqeer Ahmed hitting him on palm of right-hand, followed by another churri, blow by Mumtaz Khan (co-accused) striking him in the chest/-. On receipt of above said two injuries Tauqeer Ahmed fell down, when Mushtaq co-accused armed with Danda, Sadaqat, co-accused armed with iron-rod, other three Qazi Tariq, Qazi Abdul Hamid and Qazi Akram (all co-accused) gave him, Danda, blows, which landed upon different parts of his body. All the accused fled away leaving as the story of the FIR goes Tauqeer Ahmed at the spot in an injured condition, from where, he was removed to the hospital but he breathed his last on the way. Motive for occurrence allegedly was an earlier altercation between two co-accused persons and deceased.
That firstly the pre-arrest bail application was moved by petitioner No. 2 before this Honorable Court which was entrusted to the Court of Mr. Ghulam Mehdi Khan, the Learned ASJ, Rawalpindi, which was declined.
That petition for bail after arrest u/s 497 Cr.P.C of Sadaqat accused was accepted by the Learned Judge Mustafa Tanvir Safwat, the Learned ASJ, Rawalpindi as being not resisted by the complainant, while the petition to the extent of 3 others namely Tariq, Abdul Hameed and Akram was declined on 13-1-2009.
That this is first bail application after arrest of both petitioners. Anyhow Qazi Tariq, Qazi Abdul Hamid and Qazi Muhammad Akram moved their such bail petitions before the Honorable High Court, which was accepted by his Lordship Mr. Justice Mr. Kazim Ali Malik, Lahore High Court Rawalpindi Bench, Rawalpindi in Crl. Misc. No. 153-B of 2009 dated 25-02-2009.
That the grounds of post arrest bail by the petitioners are as under;

a. That the petitioner No. 1 is not nominated in the FIR and the name of the petitioner No. 1 was later on added with malafides by the complainant party through so-called supplementary statement. The real brother of the petitioner No. 2, who happens to be the real uncle of the petitioner No. 1 died and on the day of alleged occurrence Name-ze-Janaza was scheduled to be held at 11.00 am in his native village and the both the petitioners were busy in obsequies of deceased namely Manzoor Hussain being closely related inter-see and were not at the place of occurrence.

b. That the complainant with malafidies roped the whole family members by extending their net maliciously. The alleged role was fake attributed to petitioner No. 1 while role attributed to petitioner No. 2 that he inflicted injury on non-vital part of the deceased, stately on right palm near the little finger, which simple in nature and not fatal one.

c. That the complainant with malafidies roped the whole family members by extending their net maliciously. The alleged role was fake attributed to petitioner No. 1 while role attributed to petitioner No. 2 that he inflicted injury on non-vital part of the deceased, stately on right palm near the little finger, which simple in nature and not fatal one.

d. That the case against the both petitioners is that of further inquiry and comes under the umbrella of section 497 (2) of Cr.P.C and the both the petitioners deserve bail after arrest.

e. That the case against the both petitioners is that of further inquiry and comes under the umbrella of section 497 (2) of Cr.P.C and the both the petitioners deserve bail after arrest.

f. That the fate of trial is not-visible in the near future. Both the petitioners are previously non-convict, having unblemished character.

g. That the fate of trial is not-visible in the near future. Both the petitioners are previously non-convict, having unblemished character.

PRAYER

It is therefore, respectfully prayed that the instant petition may magnanimously be accepted and post-arrest bail may graciously be granted to the petitioner in the interest of Justice.

Petitioners

Through

(Malik Awais Alam Advocate)

Advocate High Court

(Syed Shoaib Habib)

Advocate High Court