Pre arrest Bail

Pre arrest Bail, more commonly known as anticipatory bail since it is a legal relief in anticipation of a possible arrest. This Bail form is considered difficult as compared to Post arrest Bail since this has to be obtained on maximum legal grounds as mere superficial facts are available and cases are in their infancy stage.
Simply put If any person apprehends that there is a move to get him arrested on false or trump up charges, or due to enmity with someone, or he fears that a false case is likely to be built up against him, or becomes aware of such case being lodged against him/her, he/she has the right to move the court of Sessions, the High Court or another court of competent jurisdiction under Code of Criminal Procedure for grant of bail in the event of his arrest, and the court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.
General Rules for Pre-Arrest/Anticipatory Bail in Pakistan
The court will weigh in various aspects before granting the Bail to the accused in Pakistan which include:
Mala fide, ulterior motives or false implication are essential for pre-arrest bail—Pre-arrest bail can be granted where the arrest of accused is imminent with ulterior motive, mala fides or due to his false implication apparent on the face of record. This normally happens when the purpose of a case/possible case is to malign the accused.
The gravity/seriousness  of the crime: As viewed in superior courts the fact that a case is serious such as murder, rape etc does not necessarily mean it is non-bailable. The gravity of allegation should not stand in way of grant of pre arrest bail.
As stated above it is an extraordinary relief for the common man therefore the law for Grant of pre-arrest bail in Pakistan helps protect innocent persons against victimization through abuse of law for ulterior motives.
Individual is willing and in physical form surrendering towards the Law with maximum cooperation.
Courts may take lenient view if the accused is facing health problems and prima facie the case has been lodged to malign the same.
Whether the accused was at the scene, where crime was conducted— Accused (petitioner) was neither present at the time of occurrence nor any overt act was attributed to him then the court granted bail in Achar Vs State 2011 YLR 1640 Sindh
Case is a civil dispute rather than criminal as claimed.
Jurisdiction of competent courts in Pakistan are very much outlined in law, therefore jurisdiction will als play a part in grant of pre arrest bail in Pakistan.
Conditions of  Pre-Arrest/Anticipatory Bail…Law and Procedure in Pakistan
The Court of competent jurisdiction may include such conditions in the light of the facts of the particular case, as it may think fit, including:
a condition that the person shall make himself available for interrogation by the police officer as and when required;
a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;
a condition that the person shall not leave the country without the previous permission of the court.
a condition that an X amount of money/monetary asset may be deposited with the court.
If you are Looking for immediate Legal relief in your case, Abori (Anticipatory bail) may be your first legal weapon in a court of Law

Procedure:

Section 498 of Pakistan Code of Criminal Procedure (Cr.P.C.) gives direction on the subject of pre-arrest bail. This section enables High Court and session court to give pre-arrest bail in circumstances of exceptional nature. But these kinds of power needs to be figured out in accordance with guideline and direction given by superior courts.

As outlined by Supreme Court of Pakistan to be able to give pre-arrest bail.

1.Arrest staying for hidden causes for example embarrassment and unjustified pestering.

2.Criminal justice inspired to factors permanent trouble for the status and liberty.

3.Determination of law enforcement on political concern.

4.Heinousness of offence on it’s own not enough for rejection of bail.

Therefore whenever we summarize the primary situations prior to giving of pre-arrest bail those are:

1.Authentic showed clearly pressure of upcoming arrest.

2.Individual should be in physical form surrender towards the courtroom.

3.Pressure of harassment in addition to under permanent embarrassment by unjustified arrest.

4.It needs to be in any other case fit case on benefits.

Bail grounds:
Respectfully Sheweth:-

1. That the above mentioned case has been registered against the petitioner under the above mentioned offence by the local police however the petitioner has not committed any offence whatsoever. (Copy of FIR is attached herewith)
2. That now, the petitioner seeks his pre arrest bail inter-alia on the following:-
GROUNDS:-

a. That the petitioner has falsely been implicated in the above-mentioned case and actually the petitioner did not commit any offence whatsoever.
b. That the above mentioned case has been registered against the petitioner with malafide intention and ulterior motives.
c. That a compromise has been effected and the complainant of the instant case has forgiven the petitioner and is ready to furnish an affidavit and also is ready to record his statement before the court.
d. That it is a case of further inquiry and probe and it is yet to be seen at the trial stage that which of the version is to be correct.
e. That the petitioner is a first offender in the alleged occurrence. He is not a previous convict and having no criminal record. In the said circumstances of the instant case, the petitioner is entitled for the concession of bail.
f. That the petitioner is a victim of malicious prosecution and he has no concern whatsoever with the alleged offence.
a. That the bail cannot be withheld as punishment to the petitioner.
b. That the offence mentioned in the FIR does not fall within the ambit of Prohibitory Clause of Section 497 Cr.P.C.
c. That the local police is now out to arrest the petitioner and if the petitioner is arrested, he would suffer an irreparable loss to his mind, body and reputation.
d. That the petitioner belongs to a respectable family, previously non-convict and ready to furnish the bail bonds to the satisfaction of this Honourable Court.
 
It is, therefore, respectfully prayed that the bail petition may kindly be accepted and petitioner may kindly be granted pre arrest bail till the final disposal of the case.