FAI Legal Research Assistant

How to Draft a Pre-Arrest Bail Petition in Pakistan

A pre-arrest bail petition asks a Court of Session or the High Court to protect a person from arrest in a case where an arrest is feared. This guide sets out what the petition contains and what you need in hand before you draft it. It is a drafting aid, not legal advice.

Pre-arrest bail is an extraordinary relief. In practice the petition usually turns on showing that the complaint is mala fide or carries an ulterior motive. A draft that does not plead it is likely asking for the wrong remedy. The provisions the petition is built on are Section 498 of the Criminal Procedure Code, read with Section 497.

  1. Cause title.
  2. FIR particulars.
  3. Brief facts.
  4. Grounds: mala fide, ulterior motive, false implication, humiliation and disgrace.
  5. The apprehension of arrest, stated as a fact.
  6. Prayer for ad-interim pre-arrest bail, and for confirmation.
  7. Affidavit.

FAI Legal Research Assistant fills a reviewed template from your facts instead of writing from scratch. It asks for facts you have not given rather than inventing them, and it cites only sections and judgments it has in its record. The output is a first draft for an advocate to settle and file. The free plan includes 10 drafts a month, and downloads as PDF or Word are on the paid plans.

Where is a pre-arrest bail petition filed?

In the Court of Session or the High Court, according to the offence and the stage.

What is the usual ground?

Mala fide or ulterior motive on the part of the complainant or the police, with false implication, is ordinarily the pivot of the petition.

Draft it from your facts

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