Bail Before Arrest, Pre Arrest Bail. Application Under Section 498 ( Code of Criminal Procedure, 1898,) Cr.pc

In the court of sessions judge Rawalpindi

Muhammad Amir Qurashi  son of Muhammad Iqbal Qurashi R/o House No. M-98, Asghar Mall Scheme , Murree Road, Rawalpindi.

-------Petitioner

versus

The State

-------Respondent

CASE F.I.R NO.  567  DATED 02-01-2014 OFFENCE UNDER SECTION 25-D TELEGRAPH ACT  POLICE STATION WARIS KHAN, RAWALPINDI

Petition for pre arrest bail Under Section 498 cr.p.c.

Respectfully sheweth: -

1.          That the above mentioned case has been registered against the petitioner with malafide intention and ulterior motive on the part of the complainant in connivance with the local police.

2.          That on 16-12-2013 the local police arrested the petitioner’s father namely Muhammad Iqbal Qurashi. The petitioner came to know that the complainant has lodged the instant FIR against the petitioner and his father. The petitioner’s father was granted post arrest bail by the court of Ch. Muhammad Qaisar Illaqa Magistrate P.S. Waris Khan, Rawalpindi on 20-12-2013.

3.          That the petitioner has been falsely implicated in the above mentioned case just to harass and blackmail the petitioner. In fact the petitioner’s sister has been divorced by the complainant’s son and the civil/family litigation pending in two different courts i.e. Mr. Muhammad Shoukat Family Judge and Mr. Chaudry Hamad Ali Family Judge Rawalpindi. The complainant registered the instant case just to pressurize the petitioner and his family.

4.          That there is an explained delay of 45 days approx in lodging the instant FIR which clearly shows the malafide of the complainant.

5.          That the section leveled in the FIR has no nexus with the present petitioner and neither any record is available on the prosecution file against the petitioner.

6.          That the offence incorporated in the FIR is bailable and do not fall within prohibitory clause of section 497 Cr.P.C. 

7.          That petitioner is previously non convict and belongs to a respectable family.

8.          That the case of the petitioner require further inquiry and probe.

9.          That petitioner is innocent and the local police is out to arrest him, if arrested he would suffer irreparable loss to his body, mind and reputation.

10.      That there is no apprehension of abscondence of the petitioner or tempering with the prosecution evidence, if release on bail.

11.      That the petitioner is ready to join the police investigation as and when required to do so.

12.      That the petitioner is ready to furnish sufficient bail bonds to the entire satisfaction of this Honourable Court.

Prayer  

In the circumstances, it is therefore, respectfully prayed that the petitioner may kindly be allowed pre-arrest bail till the final decision of the case.

Petitioner

Through:

MUHAMMAD WAQAS,

Advocate High Court.

               

                         

Dated : 12-02-2014

Certificate

As per information received from the petitioner this is the first bail petition before arrest ever moved in this Honourable Court.  

Counsel

In the court of sessions judge rawalpindi

Muhammad Amir Qurashi       vs           The State

CASE F.I.R NO.  567  DATED 02-01-2014 OFFENCE UNDER SECTION 25-D TELEGRAPH ACT  POLICE STATION WARIS KHAN, RAWALPINDI

Petition for pre arrest bail u/s 498 cr.p.c.

Affidavit

I, Muhammad Amir Qurashi  son of Muhammad Iqbal Qurashi R/o House No. M-98, Asghar Mall Scheme, Murree Road, Rawalpindi, do hereby solemnly affirm and declare that as per information received the contents of the accompanying petition are true and correct to the best of my knowledge and belief and nothing has been concealed therefrom.

DEPONENT

          Verified on Oath at Rawalpindi on this ___day of February, 2014 that the contents of this Affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed to this effect. 

DEPONENT