Cancellation of bail under section 497(5) Cr. P.C. How to draft a petition for cancellation of bail of an accused? What are the ingredients of bail cancellation? The format/sample is given here, please make necessary amendments as per the facts of the case.

Petition under section 497(5) Cr. P.C.

Purpose of petition U/S 497(5) Cr. P.C: To challenge the bail granting an order of the accused by the complainant of the criminal case.

IN THE Hon’ble HIGH COURT, (name of high court)

Crl. Misc.  No.              /B.C/2020

In the matter:-

ABC (name of petitioner/complainant with parentage and complete address)  

…. Petitioner

Versus

1.                  XYZ (full name, parent and complete address of accused whose bail has been accepted)

2.                  The State

…. Respondents

PETITION U/S 497(5) Cr. P.C. FOR CANCELLATION OF PRE ARREST BAIL GRANTING ORDER DATED 07.12.2020 OF THE RESPONDENT NO. 1 ALLOWED BY THE LEARNED ASJ, RAWALPINDI IN CASE FIR NO. (       ), DATED 24.11.2020, OFFENCE U/S (                )PPC POLICE STATION (name of P.C), DISTRICT (name of district).

Respectfully Sheweth: -

1.                  That the petitioner got registered an FIR No. 20/20, dated 24.11.2020, Offence U/S 354, 365, 511, 34 PPC Police Station Gujranwala, District Gujranwala against respondent No. 1. A copy of the FIR is attached herewith as Annexure-A.

2.                  That at the initial stage of lodging the above said FIR, the local police did not incorporate the relevant section 365, 511 & 354-A PPC as per facts and circumstances of the case and later on, section 365, 511 PPC was added in the instant FIR in pursuance of order in petition U/S 22-A Cr. P.C but the local police did not bother to add section 354-A PPC in the instant FIR with mala fide intention as well as due to influence of the accused person /respondent No. 2 and against which the petitioner also moved an application before the city police officer.     

3.                  That after the registration of the above-said case, respondent No. 1 filed his pre-arrest bail before the learned Sessions Judge, Gujranwala, which was ultimately confirmed by the court of learned Additional Sessions Judge, Gujranwala vide order dated 07.12.2020. Copy of bail petition and order is attached as Annexure-B

4.                  That the petitioner seeks the cancellation of the bail of the respondent No. 1 inter alia on the following: -

G R O U N D S

i.                    That the impugned bail grating order dated 07.12.2020 is against the law and facts of the case.

ii.                   That while passing the impugned order the learned ASJ did not bother to go through the record and passed the impugned order in a hasty manner.

iii.                 That respondent No. 1 is a record holder criminal and a number of FIRs have already been registered against respondent No. 1 but the learned ASJ did not bother to peruse the record while passing the impugned order.  

iv.                 That the bail granted the order is the result of misreading and non-reading of facts available on record. 

v.                   That the order dated 07.12.2020 is illegal and based on surmises and conjectures.

vi.                 That respondent No. 1 is still threatening the petitioner with dire consequences and if the bail order is not canceled/ recalled, the petitioner shall suffer irreparable loss.

vii.               That FIR No. 860 U/S 376, 365 PPC, of which the learned ASJ, referred in his order has no relation with the present case and also in above referred FIR No. 860, the full compromise had been effected between the parties.

viii.             That respondent No. 1 is not entitled to the concession of bail and the same is liable to be recalled in the interest of justice.

In view of the circumstances, it is, most respectfully prayed that the instant bail cancellation petition may kindly be allowed and order dated 07.12.2020 passed by learned ASJ, Gujranwala may graciously be set aside and bail granted order may kindly be recalled/cancel, in the interest of justice.

Any other relief which this Hon’ble Court deems just and proper may also be awarded.

Petitioner

Through

(Counsel)

June 26, 2022

Certificate:-

Certified as per instructions received by the petitioners this is the first petition on the subject ever moved before this Hon’ble Court.

No other petition, revision, or appeal  is pending adjudication before any court of law up till the Supreme Court of Pakistan

…..Counsel

 

IN THE Hon’ble HIGH COURT, (name of high court)

Crl. Misc.  No.              /B.C/2020

ABC     Versus XYX etc

PETITION U/S 497(5) Cr. P.C.

AFFIDAVIT

I, (give full name, parentage, and address of the petitioner), do hereby solemnly affirm and declare that 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 Guranwala on 26 June 2022, that the contents of the above affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed therefrom.

 

Deponent

 

IN THE Hon’ble HIGH COURT, (name of high court)

Crl. Misc.  No.              /B.C/2020

ABC     Versus XYX etc

PETITION U/S 497(5) Cr. P.C.

INDEX

Sr. No.	Description	Annexes	Pages
1.	Petition for cancellation of the bail along with affidavit		1 – 5
2.	Copy of bail granting order dated 07.12.2020 passed by learned ASJ, along with bail of grounds of respondent No. 1	A	6-12
3.	Copy of FIR along with a better copy	B	13-14
4.	Copy of FIR No. 297	C	15
5.	Copy of FIR No. 703/20 along with a better copy	D	16-17
6.	Copy of FIR No.545with better copy	E	18-19
7.	Copy of affidavit along with a better copy	F	20-21
8.	Copy of FIR No. 860/20	G	22
9.	Exemption petition with an affidavit		23-24
10.	Wakalatnama		25

 

Petitioner

Through

(Counsel)