I have tried to provide a draft of a.b.a. for learners, if any hesitation you may ask.......
Syed Anwer Shah
(Querist) 12 January 2012
This query is : Resolved
IN THE COURT OF SESSIONS JUDGE
A.B.A. No. of 2011
Muhammad Imran s/o Shamsuddin Arain,
Muslim, adult, resident of Market
Road, Nawabshah……………………… Applicant/accused
….. V E R S U S …..
The State……………………………………………………………… Opponent
Crime No.127/2011, P.S. Taluka
U/s 337-L(ii), 506/2, 147, 148 PPC
ANTICIPATORY BAIL APPLICATION
UNDER SECTION 498 CR.P.C
Apprehending, imminent arrest, disrespect, humiliation at the hands of the police, the applicant/accused named above surrenders himself before this Honourable Court in the above case/crime and prays for the grant of pre-arrest bail, on consideration of the following facts and grounds:-
F A C T S
Briefly, the prosecution case as disclosed in FIR is that on 09.12.2011 complainant H.C. Abdul Qayoom Brohi lodged FIR with P.S. B-Section, stating therein that today complainant along with his subordinate staff left the CIA Centre under roznamcha entry No.03 at 1100 hours for patrolling and after patrolling from different places they reached road adjacent to Raheem City where they made snap checking of motorcycles and at 1320 hours they found one motorcycle coming from Nawabshah side on which one person was sitting, however, his behind one bag was lying who seeing the police party at some distance fallen his motorcycle and tried to run to whom suspecting, police apprehended tactfully. Thereafter, private mashirs were searched but not succeeded, therefore, P.C. Mohbat Ali and P.C. Zahid Hussain Lashari were deputed as mashirs and inquiry was conducted. The apprehended accused disclosed his name as Imran Arain and property detailed in FIR was recovered from him while on opening the bag small shoppers containing Gutka as mentioned in FIR were found. Thereafter, apprehended accused was asked about the said Gutka and documents of motorcycle who informed that he used to sell the said Gutka and motorcycle is of without documents, therefore, he was arrested and motorcycle was seized U/s 550 Cr.P.C. in presence of mashirs under mashirnama. Thereafter, accused and property were brought at P.S. and FIR was lodged accordingly.
After registration of FIR, applicant/accused was released on producing surety due to bailable sections but thereafter still the concerned police is behind the applicant/accused malafidely, therefore, apprehending danger of his arrest and humiliation at the hands of police, he surrendered himself before this Honourable Court and prays for bail before arrest, on consideration of the following grounds:-
G R O U N D S
1. That the applicant/accused is innocent and has not committed the alleged offence.
2. That applicant/accused has been implicated in this case falsely by foisting upon him the alleged property, otherwise the applicant/accused never involved in such kind of activities.
3. Infact the applicant/accused is shopkeeper having cosmetic shop with the name and style of Imran General Store at Manu Abad, Nawabshah where some police personnel came and purchased articles for which they avoided to pay its amount, on which applicant protested them to pay, hence, they became annoyed after payment they went issuing threats, consequently this FIR was lodged malafidely.
4. That all the sections applied in FIR are bailable, but despite of that police is hunting the applicant/accused in one and other pretext just in order to get illegal bribe, hence this application has been filed.
5. That the offence does not fall within the prohibitory clause of section 497 Cr.P.C, therefore, applicant/accused is entitled for grant of bail.
6. That allegations leveled against the applicant/accused are baseless, ill-founded facts and due to ulterior motives, otherwise the applicant/accused has not committed the alleged offence.
7. That case against the applicant/accused is of such a nature which can only be established after leading evidence on record, hence, at this stage applicant/accused is entitled for grant of bail.
8. That the P.W’s are interested and setup being subordinate of complainant and it is strange to believe that the area mentioned in the FIR where the alleged incident is taken place is very populated area from where except police witness no any independent witness was associated to corroborate the version of complainant, which is clear violation of section 103 Cr.P.C. and the same also creates the doubt upon the story put forth in the FIR.
9. That there is no likelihood of absconsion of applicant/accused, who is ready to furnish his solvent surety to the satisfaction of this Honourable Court.
10. That other grounds will be urged at the time of final arguments.
DT: .12.2011 ADVOCATE FOR APPLICANT/ACCUSED
IN THE COURT OF SESSIONS JUDGE,
A.B.A. No. of 2011
Muhammad Imran ….V/S…. The State
A F F I D A V I T
I, Muhammad Imran s/o Shamsuddin Arain, muslim, adult, resident of Market Road, Nawabshah, do hereby state on S.A as under : -
1. That I am one of applicants/accused in the above bail before arrest application. We have been involved in the above false case by the complainant due to enmity and personal grudge, otherwise we have taken no part in the alleged offence.
2. That there is no likelihood of tamper with the prosecution evidence as the complainant and PWs are interested and setup.
3. That if the bail before arrest is not granted, we will be arrested and humiliated at the hands of police.
WHATSOEVER stated above is true and correct to the best of my knowledge and belief.
I know the deponent
ADVOCATE DEPONENT
Raj Kumar Makkad
(Expert) 12 January 2012
Your drafting is accurate as per facts of the case and needs no intervention. The main points are necessary to be adhered otherwise drafting of every lawyer remains accurate.
Shonee Kapoor
(Expert) 12 January 2012
U/S 438 CrPC
And rest is fine.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M/s. Y-not legal services
(Expert) 13 January 2012
yes correct your provision of law for a.b..
and what you trying to show here?
-tom-
Advocate. Arunagiri
(Expert) 13 January 2012
In a query where the author requested for ABA draft. Many of our experts had not provided.
It seems Mr.Anwer Shah showing his intention to provide a live draft. Mr.Anwer Shay you may post this url to that author who requested for the ABA draft. That may help him.
Deepak Nair
(Expert) 13 January 2012
Dear Mr. Sayyed Anwar,
Nice work. Minor correction as pointed out by the experts above.
Please let me thank you on behalf of the needy ones.
Syed Anwer Shah
(Querist) 16 January 2012
Thanx.
It was only little effort to share the procedure of pleadings nothing else Mr. Tom.
