How to claim post-arrest bail on statutory grounds? What is the scope of statutory ground for bail after the arrest of an accused in a Narcotics case? The sample/ draft is given here.

Bail on statutory grounds

Purpose: to seek post-arrest bail of an accused on statutory grounds.

Forum: Trial court.

Parties/Tite: Accused Versus the State         

PETITION UNDER SECTION 497 Cr.P.C. IN criminal case FIR NO. 74, DATED 30.05.2020, OFFENCES UNDER SECTION 9-C/15 CNSA, REGISTERED WITH P.S ANF/RD NORTH.

Respectfully Sheweth:-

The earlier bail petitions of the petitioners were dismissed on merit on 12.09.2018 and 19.09.2018 by this Hon’ble court (Copies of bail petitions along with orders are attached)

That now the petitioners are seeking their bail after arrest on the basis of the following statutory:-

GROUNDS

That the petitioners are behind the bars since their arrest and remained incarcerated continuously for more than 3 ¾ years and the trial of the case has not yet been concluded due to the conduct of the prosecution.

That the petitioner under section 497 (1) Cr.P.C third Proviso is entitled to bail as a matter of right because the statutory period mentioned in a clause of the statutory clause has expired and the trial has not been concluded.

That the delay in the conclusion of the trial has not been caused on the account of act or omission of accused or person acting on his behalf.

That the right of bail on the ground of statutory delay is clearly provided in the law, as the word Shall” mentioned in the third Proviso of 497 Cr.P.C”  

That the petitioners are ready to provide a sufficient surety bond to the entire satisfaction of this Hon’ble Court.

PRAYER:

                It is, therefore, most respectfully prayed that the instant bail petition for post-arrest bail may kindly be accepted and the petitioners may graciously be awarded bail after arrest.

Petitioners            Through                 Counsel  

Certificate: -

Certified as per instructions furnished by the petitioners this is the 1^st bail petition on statutory grounds ever moved before this Hon’ble Court, however, earlier bail petitions of the petitioners were dismissed on merits by this Hon’ble court.

No other bail petition on the subject is pending in any court of law up till the Supreme Court of Pakistan.

…Counsel