Name : Saad Naeem

Roll No: LG-B4-505

ASSIGHMENT NO 1

Qno1:

a) How and when documents are supplied to the accused?

Ans) Introduction

In magistrate trial document is supplied to accused under section 241-A and in Session Trial
documents are supplied to accused under section 265-C.

Relevant Provisions of Law:

Sections 161, 164, 204 & 241-A and 265C of the Code of Criminal Procedure, 1898

Magistrate Trial

In a Magisterial Court, before commencement of trial, statement of witnesses and documents

relating to evidence collected against accused are provided to him/her in a manner as provided
under section 241-A Cr.P.C. which reads as under:

Supply of statements and documents to the accused:

(1) In all cases instituted upon police report, except those tried summarily or punishable with
fine or imprisonment not exceeding six months, copies of statements of all witnesses
recorded under sections 161 and 164, and of the inspection note recorded by an
investigation officer on his first visit to the place of occurrence, shall be supplied free of
cost to the accused not less than seven days before the commencement of the trial:
Provided that if any part of a statement recorded under section 161 is such that its
disclosure to the accused would be inexpedient in the public interest such part of the
statement shall be excluded from copy of the statement furnished to the accused.

(2) In all cases instituted upon a complaint in writing, the complainant shall;
(a) State in the petition of complaint the substance of the accusation, the names of his
witnesses and the gist of the evidence which he is likely to adduce at the trial; and

(b) Within three days of the order of the Court under section 204 for issue of process to
the accused, file in the Court for supply to the accused, as many copies of the compliant and any
other document which it has filed with his complaint as the number of the accused.
 Provided that the provisions of this sub-section shall not apply in any case in which the
complaint has been made by a Court or by a public servant acting or purporting to act in the
discharge of his official duties

Session Trial

In a Session Court, before commencement of trial, statement of witnesses and documents

relating to evidence collected against accused are provided to him/her in a manner as provided
under section 265-C Cr.P.C. which reads as under:

265-C. Supply of statements and documents to the accused.--(1) In all cases instituted upon
police report, copies of the following documents shall be supplied free of cost to the accused not
later than seven days before the commencement of the trial, namely:--
(a) the first information report ;
(b) the police report;
(c) the statements of all witnesses recorded under Sections 161 and 164; and
(d) the inspection note recorded by an investigating officer on his first visit to the place of
occurrence and the note recorded by him on recoveries made, if any :
Provided that, if any part of a statement recorded under Section 161 or Section 164 is such that
its disclosure to the accused would be inexpedient in the public interest, such part of the
statement shall be excluded from the copy of the statement furnished to the accused.
(2) In all cases instituted upon a complaint in writing,--
(a) the complainant shall-
(i) state in the petition of complaint the substance of the accusation, the names of his
witnesses and the gist of evidence which he is likely to adduce at the trial; and
(ii) within three days of the order of the Court under Section 204 for issue of process to the
accused, file in the Court for supply to the accused, as many copies of the complaint and any
other document which he has filed with his complaint as the number of the accused; and
(b) copies of the complaint and any other documents which the complainant has filed
therewith and the statements under Section 200 or Section 202 shall be supplied free of cost to
the accused not later than seven days before the commencement of the trial.
Requirement of S. 265-C, Cr.P.C. must be complied with before setting the case at trial. High
Court directed the trial Court that compliance of S. 265-C, Cr.P.C. be made in its letter and spirit
before framing the charge. PLJ 2007 Cr.C. (Karachi) 410.

Qno1 (b) Explain the role of a Prosecutor, Advocate, and Magistrate while
supplying document.
Ans)
Prosecutor
A Prosecutor is he who prosecutes another for a crime in the name of the government.
Section 4(t) of the Criminal Procedure Code, 1898 defines “Public Prosecutor” as any
person appointed under Section 492 and includes “any person acting under the directions of
a Public Prosecutor and any person conducting a Prosecution on behalf of the State in any
High Court in the exercise of its original criminal jurisdiction.”

Role of magistrate

As soon as an FIR has been lodged, the criminal justice system comes into force. It is mandates
the police to send a copy of an FIR to the nearest Magistrate. The provision enables the
Magistrate to keep a vigil on the excessive power of the police and ensure that the safety of the
accused is maintained. Once an FIR has been sent to him, the magistrate must endorse that FIR
and mention the date, time and place of receipt. This has been made so that the registration and
time of the FIR can be ascertained more correctly.

Session I Proceeding Conducted: It was first date of hearing after submission of challan.
Accused was produced in custody and copies of documents were provided to him as required
under Section 241-A Cr.P.C. A receipt was obtained and marked as Exh. 1. Case was adjourned
to next date for framing charge.

Session Activities: Court is in sitting. All officials and the accused present in court.

Reader: State Vs. Inayatullah Magistrate Case No.73 of 2020. [He speaks loudly by using cause
list].

Naib Qasid: State Vs. Inayatullah. Mulzim Inayatullah Hazir Hoo [speaks loudly by standing
near outer door of the Courtroom. Reader puts up file of Inayatullah’s case before the Hon’ble
Judge].

Prosecutor: Your Honour a set of documents viz. is ready, and it may be supplied to the
accused. [He provides set of documents to the Reader].

Court: [Addressed to the Reader]. Prepare a receipt and supply documents to the accused.

Reader: [He addressed to the accused]. Come forward and receive the documents. [He
supplies documents and obtain signature of the accused. Receipt is marked as Exh. 1 and it is
placed before the Judge for signature. Receipt is signed].

Prosecutor: [Addressed to Accused] Have you engaged advocate?

 Accused: No sir I am poor man and cannot afford advocate’s fee. Is it possible for me to
be provided an advocate on the state’s expense.

Prosecutor: (1) Submit application (addresses to accused). (2) Sir, his application may be
sent to Hon’ble Chairman of District Legal Empowerment Committee (DLEC) for consideration.
Gives (advice to court).

Court: Fine let him file an application and accordingly it will be forwarded.

Accused: (After sometime he submits application) Sir this is my application.

Court: [Addressed to the accused]. Today you have been supplied copies of relevant
documents viz., statement of witnesses and memo of place of incident and on the next date of
hearing charge will be framed and you are advised to go through the documents so that you may
have an idea about the accusation levelled against you. Your application will be forwarded to the
Hon’ble Chairman DLEC and hopefully advocate will be provided by next date. [This
conversation is made by the Court in local language].

Reader: [Shows production order before Judge] Sir date may be fixed.

Court: Case is adjourned to 30-03-2020 at 10:00 AM. [Reader writes next date on the
production order, cause list and title page of the file. Judge signs the production order. Custody is
taken back].

Documents required: Statement of witnesses, memos, receipt and application of accused.

Court: [Addresses to Reader and directs him to write necessary diary and starts dictation].
Case called. Accused is produced in custody by jail authority. Learned Prosecutor provided copy
of relevant documents which are supplied to the accused at Exh. 1 as provided under Section
241-A Cr.P.C. Accused’s application is forwarded to Hon’ble Chairman DLEC for
consideration. Case adjourned to 30-03-2020 at 10:00 AM for framing of charge. [The Reader
after writing diary places it before the Judge for signature].

Case Law 1

The learned trial court is directed to supply the copies of CD and USB to the applicant in
compliance of provisions of section 265-C Criminal Procedure Code. Sikander Ali Lashari Vs.
The State and another (2016 YLR 62 Sindh)

Muhammad Ali Mazhar-J. This criminal revision application has been brought to challenge an
order dated 13.12.2014 passed by Anti-Terrorism Court Hyderabad in A.T.C. Case No.91 of
2014 whereby court declined to supply USB and CD to the applicant before framing of the
charge.
1. The short-lived facts of the case are that the applicant is facing trial in Crime No.12 of 2014,
lodged at Police Station G.O.R, Hyderabad under Section 302, 114, 109, 34 PPC and Section 6
and 7 of Anti-Terrorism Act,

After submitting the charge sheet under Section 173 Cr.P.C, the case was fixed for supplying the
copies of documents to the applicant. The applicant demanded copy of the USB and CDs which
was also shown in the challan as case property but the counsel for the complainant raised the
objections. The learned trial court after hearing the parties dismissed the application vide order
dated 13.12.2014

The learned counsel for the applicant argued that the impugned order is against the
administration of criminal justice. The material asked to be supplied is document within the
purview of Article 164 of Qanun-e-Shahadat Order, 1984 which should not have been refused. It
was further contended that the purpose of supplying copies of documents under Section 265-C
Cr.P.C. is to facilitate the accused so that he may know the accusation and gauge the evidence
against him. If the copy of CD of alleged confession is not provided to the accused, neither he
would be able to defend the charge nor would be in a position to assess its voluntariness and
genuineness. The impugned order is also in contravention of Article 10-A of the Constitution of
Islamic Republic of Pakistan, 1973 which postulates the fundamental right of fair trial and due
process. It was further averred that even the principles of natural justice lead to fair trial and
equal opportunity to both the prosecution and accused. Without watching the CD of alleged
confession and hearing the alleged recorded conversation of Mst. Keenjer with the mother of
deceased, no defence could be made out by the applicant. In support of his contentions, he
referred to the case of “Government of Sindh vs. Fahad Naseem & others”, (2002 P.Cr.L.J
1765), and “Arif Hashwani vs. Sadaruddin Hashwani”, (PLD 2007 Karachi 448).

3. The learned counsel for the complainant supported the impugned order and argued that the
trial court has rightly refused to supply the copy of USB & CD to the applicant. He further
argued that the typed transcript of statements have been provided to make out the defence and
after close of trial, the CD will be played by the court in presence of parties. He shown
apprehension that if USB and CD are provided to the applicant before framing of charge, the
acute chances of manipulation in the recorded text cannot be ruled out. However he admitted that
the copy of same USB and CD was provided to the complainant by the prosecution. He referred
to the case of “Rehmat Shah Afridi vs. State”, PLD 2004 Lahore 829.

4. The learned DPG was of the view that in terms of Section 265-C, the accused is entitled to
the copies of documents. He further argued that when the typed transcript of the statements
extracted from USB and CD could be provided then there was no harm to provide the hard
copies enabling the applicant to make out his defence in the trial.
FINDINGS OF HIGH COURT
To enjoy the protection of law and to be treated in accordance with the law is inalienable
right of every citizen of Pakistan under Article 4 of our Constitution and under Article 10-A,
the right to fair trial is a fundamental right of a person. The trial court refused to supply the
copy of CD and USB which is not only against the mandate and command of Article 4 and
10-A of our Constitution but also in violation of norms of administration of criminal justice.
Much emphasis was made in the impugned order that manuscript of CD and USB may be
provided and after recording evidence of both the parties, the CD and USB will be played
and watched in the open court when the accused may note down and in case of any
discrepancy may file the objections for consideration of court and court can pass any
appropriate order for deciding objection or may consider the objection at the time of writing
judgment. In our view such findings are perverse and misconstrued. Quite the reverse, we
are of the view that once the typed/written transcripts of CD and USB are allowed to the
applicant/accused by the trial court then it has become his more fervent and stringent
inalienable and incontrovertible right to get the copies of CD and USB for his defence.
Unless he is supplied the copies, he would not be in a position to compare the recorded
version/statements with the transcripts and make out his defence if any. Denial of this
amounts to dearth and scarcity of right to a fair trial. After close of evidence there would be
no logical justification to play the data of CD and USB in open court which is also alien and
foreign to the criminal procedure code and or the provisions of ATA 1997. Such so called
and self-styled procedure will not only prolong and delay the trial but tantamount to invite
complications and impediment. To be more precise, such type of unique procedures may
have the tendency to damage the prosecution case. Even for a moment, this procedure is
accepted what would be the net effect? Whether the trial court on the objections of the
accused will recall the witnesses for their re-examination or cross examination? What would
be the effect of Section 342 Cr.P.C which mandates that all incriminating evidence should
be confronted to the accused while recording his statement. No substantial or conceivable
rationale is given in the impugned order to deny the copy of CD and USB except the alleged
chance of manipulation and alteration which is in our view not possible when the copies of
CD and USB will be provided by the court and copies of which are already available with
the prosecution and the complainant. The learned trial court has further observed in the
impugned order that as per prosecution, confessional statements of the accused (Sikandar
Ali Lashari) before police officer and telephonic conversation of lady P.w Mst.Keenjar
daughter of Sikandar Ali Lashari said to have been recorded but at the same time it is also
mentioned in the order that Mst.Keenjar is not PW in the case. We have noted that in the
charge sheet it is stated by the police that during remand, accused Sikandar Ali Lashari
made some important disclosures which was visually recorded in CD/USB, whereas the trial
court in the impugned order referred to a confessional statement of the said accused. We do
not want to make any comment on merits of the case which is the province and dominion of
the trial court but we are profusely conscious and mindful to the provisions of Section 21H
of the Anti-Terrorism Act 1997 which provides conditional admissibility of confession,
however, the parameters and procedure of recording such confessional statement is couched
in the Section itself with the memorandum of District Superintendent of police at the foot of
such statement. We are also sanguine to the distinction laid down by the legislature itself
between the two confessions one which is recorded under Section 164 Cr.P.C by the
magistrate and the confession recorded with its conditional admissibility under Section 21H
of ATA 1997 by the District Superintendent of Police. Be that as it may, the purview of
Section 265-C Cr.P.C is not confined to the supply of statements of witnesses alone but
includes FIR, police report, the inspection note recorded by I.O and the note recorded by
I.O on the recoveries made. The report submitted under Section 173 Cr.P.C refers to one red
colour USB and four compact discs with description of part one and part two along with
details of data which means that the prosecution has gathered and stored substantial
evidence in support of their case. Much reliance has been made on the evidentiary value of
CD and USB in the police report and prosecution rests on the recorded audio and video text
of CD and USB also, therefore, in our view the copies of CD and USB should be supplied to
the applicant/accused which is his statutory right so that he may know the prosecution case
before he is sent up to stand for trial. It would be expedient to cite the judgment of the
Supreme Court rendered in the case of Shahbaz Masih, (2007 SCMR 1631) in which the
apex court held that obligatory supply of documents mentioned under Section 265-C Cr.P.C
well in advance apparently was with no purpose other than to enable the accused to know
the prosecution case and meet the charges if framed otherwise it would lapse into
unconscionable consequences.

In the wake of above discussion, the impugned order dated 13.12.2014 is set aside. The
learned trial court is directed to supply the copies of CD and USB to the applicant in
compliance of the provisions of Section 265-C Criminal Procedure Code. Our findings are
based on specific legal question raised before us through this revision application which will
not affect the merits of the case. The Revision Application is disposed of.

Case Law 2

The object of section 265-C of the Cr.P.C. appears to be to meet the vacuum created by the
abolition of commitment proceedings and to make available to the accused all the available evidence,
which the prosecution have for the unfolding of the true case before the Court. The purpose is that the
accused can know before he is sent up to stand trial in a charge punishable with death or imprisonment
for life as to what evidence he would have to meet at the trial in order to take up a proper defence plea.
The interval of seven days emerged under section 265-C of the Cr.P.C. is also significant, because it is
meant to give the accused sufficient time to study the allegations against him and to prepare his plea in
defence. Abdul Jabbar Vs. The State (2011 YLR 2169 Quetta)

Qno.2) When charge is framed against accused in the court of the Magistrate. Discuss it with relevant
law and case law. (Maximum 01 page).

Ans) Introduction

Framing of charge means drawing up in writing by the Judge or Magistrate in separate

prescribed form of charge sheet regarding specific accusation , appeared prima facie , in the
materials collected during investigation , against the accused , mentioning therein the detail
information of the crime for which he is charged. In other words, a charge is a written document
containing the description of the offence which the court, in inquiry or trial, finds Prima facie
proved by evidence before it to have been committed by the accused and requires him to defend
it.

Object of charge. The whole object of framing a charge is to enable the defence to concentrate
its attention on the case that he has to meet, and if the charge is framed in such a vague manner
that the necessary ingredients of the offences with which the accused is convicted is not brought
out in the charge, then the charge is defective. Makhan v. Emperor. AIR 1945 All. 81.

Relevant Provisions of Laws:

Sections 242 of the Code of Criminal Procedure, 1898

Charge to be framed (Section 242.)

When the accused appears or is brought before the Magistrate, a formal charge shall be framed
relating to the offence of which he is accused and he shall be asked whether he admits that he has
committed the offence with which he is charged.

Case law

There is no cavil that charge is always treated as foundation of the trial and the legislature in
Chapter XIX of Cr.P.C. has provided an elaborate procedure for framing of the charge, enabling
the accused to know the exact nature of accusation made against him so that he could give a
proper reply of the same. The object and rational for laying down an exhaustive and elaborate
procedure for framing of charge is that the accused should know the exact nature of the
accusations made against him so that he may not be misled if any vagueness in the said
accusations. Asim Yaseen Vs. The State and another (2018 M L D 259 Lahore)

QNo.3: Refer the relevant provision of law which are to be observed by the Advocate,
Prosecutor, and Magistrate during examination of witness. Articulate 10 questions to be
asked during examination-in-chief in a criminal case of theft. Presume Witness is a police
officer who arrested the accused. (Maximum 03 pages).

Examining Witnesses

Examination-in-chief
This is where we obtain evidence from our own witnesses. We need to ensure that our witnesses
give clear evidence and that they do not talk too fast in order that notes can be taken. Ensure the
witness faces the Judge when answering questions and is not looking at us. This will enhance the
quality of their evidence. When asking our witnesses questions, we need to try to elicit from
them only the evidence that is relevant. Always therefore bear in mind why we are asking our
witness a particular question and what is we want to hear from them.

Open and Closed Questions

We can ask our witnesses a variety of open and closed questions. To obtain the information we
require from a witness it will be necessary to use for example closed questions to establish the
background and set the scene and to bring out details or emphasise a particular part of the story.
Open questions will be necessary to allow the witness to freely tell their part of the story or to
turn their attention to a subject and then ask the witness to talk about that subject. If we ask more
closed questions, we will have greater control. However, what type of questions we ask will
depend on the witness.

Questions

Q1) Yeh wakiya kb paish aya?

Ans. Yeh wakiya 01.01.2022 ko paish aya

Q2)Yeh wakiya kaha paish aya tha?

Ans. Yeh wakiya Saba banquet ky pass paish aya

Q3) Kitny mulzaman thy?

Ans. 2 mulzaman thy

Q4) Mulziman kis pr ayi thy?

Ans) Mulziman 125 motorcycle pr ayi thy

Q5) Us waqt ap kaha majood tha?

Ans) Us waqt mein apny bhai k sath hi tha Saba banquet ky pass.

Q6) Mulziman ny kia pehna tha?

Ans) Mulziman ny blue color ki pain shirt pehni huyi thi or dosry mulziman ny white
shalwar qameez pehni thi.

Q7) Mulziman ny kia chena?

Ans) Mulziman ny gun point pr mobile chena.

Q8)Usky baad ap kha gyi?

Ans) Isky baad hum police station gyi or inky khilaf application jma krwayi.

Q9)Wo application kha ha?

Ans) Wo application mein adalat mein paish krta hoon Exhibit A.

Q10) Jis mulzim ny aplogo sy mobile chena tha wo kha ha?

Ans)Wo adalat mein majood ha jis ny blue color ki paint shirt pehni huye ha.

QNo.4: (a) Read sections 496, 497 & 498 Cr.P.C and explain the circumstances when these are applied.
Search 3 case law on post arrest bail. (Maximum 02 pages)

Ans)
Section 496 Bailable Offence
In what cases bail is to be taken
496. When any person other than a person accused of a non-bailable offence is
arrested or detained without warrant by an officer in charge of a police-station, or
appears or is brought before a Court, and is prepared at any time while in the custody of
such officer or at any stage of the proceedings before such Court to give bail, such
person shall be released on bail: Provided that such officer or Court, if he or it thinks fit,
may, instead of taking bail from such person, discharge him on his executing a bond
without sureties for his appearance as hereinafter provided:

Provided, further, that nothing in this section shall be deemed to affect the provisions of
section 107, sub-section (4), or section 117, sub-section (3).

Post arrest bail Section 497 Cr.PC

497.(1) When any person accused of any non-bailable offence is arrested or detained without
warrant by an officer in charge of a police-station, or appears or is brought before a Court, he
may be released on bail, but he shall not be so released if there appear reasonable grounds for
believing that he has been guilty of an offence punishable with death or transportation for life:

Provided that the Court may direct that any person under the age of sixteen years or any woman
or any sick or infirm person accused of such an offence be released on bail.

(2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the
case may be, that there are not reasonable grounds for believing that the accused has committed a
non-bailable offence, but that there are sufficient grounds for further inquiry into his guilt, the
accused shall, pending such inquiry, be released on bail, or, at the discretion of such officer or
Court, on the execution by him of a bond without sureties for his appearance as hereinafter
provided.

(3) An officer or a Court releasing any person on bail under sub-section (1) or sub-section (2)
shall record in writing his or its reasons for so doing.

(4) If, at any time after the conclusion of the trial of a person accused of a non-bailable offence
and before judgment is delivered, the Court is of opinion that there are reasonable grounds for
believing that the accused is not guilty of any such offence, it shall release the accused, if he is in
custody on the execution by him of a bond without sureties for his appearance to hear judgment
delivered.

(5) The High Court Division or Court of Session and, in the case of a person released by itself,
any other Court may cause any person who has been released under this section to be arrested
and may commit him to custody.

Pre-Arrest bail, section 498 of CrPC

Section 498 Cr.P.C. throw light on the topic of pre-arrest bail. This section
empowers High Court or session court to grant pre-arrest bail in cases of
exceptional nature. But such power has to be exercised according to rule and
guiding lay down by superior courts.
According to Supreme Court in order to grant pre-arrest bail following conditions
must be fulfilled.
1) Arrest being for ulterior motives such as humiliation and unjustified
harassment.
2) Prosecution motivated to causes irreparable injury to the reputation and
liberty.
3) Motivation of police on political consideration.
4) Heinousness of offence by itself not sufficient for refusal of bail.
Hence if we sum up the main conditions before grant of pre-arrest bail those are:
1) Genuine proved apprehension of imminent arrest.
2) Petitioner should physically surrender to the court.
3) Apprehension of harassment and under irreparable humiliation by unjustified
arrest.
4) It should be otherwise fit case on merits.
In general course the petition is filled in the Court of Session but it can also be
filed in High Court if there is responsible explanation. In practice a person who
obtain the anticipatory bail ( Abori) go to police to help them in investigation and
after hearing argument court whether confirm the bail or reject it.

(b) Draft a bail application under section 497 Cr.P.C for the accused who was arrested in a case of car
theft. (Maximum 02 pages).

IN THE COURT OF VII JUDICIAL MAGISTRATE AT KARACHI EAST

Case No: 2843 of 2022

Sajjad s/o Yahya Khan,

Muslim, adult, R/o, Karachi
Presently Confined in Judicial Custody
At Central Jail Karachi. .………………………….……….……. Applicant/Accused

VERSUS

The State …………………………………………………………...……… Respondent

FIR No. 58 of 2022

U/S. 381-A PPC-411
P.S: Aziz Bhatti
 BAIL APPLICATION U/S 497 Cr.P.C

It is prayed on behalf of the applicant/accused abovenamed

that this Honorable Court may be please to admit him on bail on the
consideration of the following facts and grounds.

F A C T S

Brief facts of the case narrated in the FIR are that I am the resident of above

mentioned address along with family members, I am government servant, on

22-01-2022 at about 1500 hours I parked my Motorcycle Registration No. KNZ-

4726, Maker Super Power 70cc, Model 2020, Black Color, Engine No. SP-

1452567, Chassis No. SP-1504166 and went inside the office, at about 1510

hours, I came outside and saw my above mentioned motorcycle was not

available, some unknown person / person(s) has stolen my above mentioned,

motorcycle, I tried my best to find out, but has failed, now I came for report.

Now I came to report My claim is against Unknown person / person(s) who has

stolen my above mentioned motorcycle, want legal action.

Hence this bail application on following grounds:-

GROUNDS

1. That the applicant / accused is absolutely innocent and has falsely been implicated in
this case with malafide intention.
2. That nothing has been recovered from the possession of applicant / accused as the
alleged recovery is false, fabricated and foisted upon the accused.

3. That it is clearly mentioned in the alleged FIR that some unknown person/ person(s)
had stolen the motorcycle, neither the name of applicant / accused is mentioned in
the FIR nor has any identification been parade, hence case of the applicant highly
required for further inquiry.

4. That Co-accused is already granted bail by this Honorable Court vide Bail Application
no. 473/2022 for the tune of Rs. 20,000. According to rule of consistency the accused/
applicant is entitled for concession of bail reliance has been placed on PLD 1980 Page
142.

5. That the offence with which the applicant/accused charged does not fall within
prohibitory clause and grant of bail in such like cases is rule and refusal is an
exception

6. That investigation has been completed challan has been submitted and accused is no
more required for investigation purposes.
7. That there is inordinate delay of one day in the registration of FIR for which no
plausible reason or explanation has been furnished by the complainant.

8. That an accused is presume to be innocent till prove his guilt, bail cannot be withheld
as punishment PLD 1972 SC 81.

9. That the applicant/ accused person is respectable and peace loving citizen of Islamic
Republic of Pakistan and have nothing to do with the alleged offence, but he has been
victimized at the hands of local police who involved him in the present false FIR.
10. That it is matter of right that the basic principle is bail but not jail. The accused
fortified by the case of Tariq Bashir and 05 others V/S The state, reported in PLD
1995 Supreme Court page NO. 34.

11. That all the contents of FIR required further enquiry against the applicants / accused,
at this stage of bail. hence Applicant/Accused is entitled for concession of bail.

12. That if there is any offence then it falls under section 411 PPC Which is punishable
upto 3 years and as such it does not fall under the prohibitory class of section 497
Cr.pc.

13. That the applicant/accused belongs to a respectable family, and therefore there is no
likelihood of his absconding.

14. That there is no apprehension of tempering with P.Ws.

15. That no independent private person of the locality has been associated as witnesses
of recovery which makes the recovery doubtful and of further inquiry within the
meaning of Section 497 (2) Cr.PC.

16. That the applicant is ready to furnish the solvent surety to the satisfaction of this
Honorable court.

17. That further ground may also be permitted at the time of hearing of this bail
application with permission of this Honorable Court.

PRAYER
 It is therefore most respectfully prayed on behalf of the accused that his Honorable Court
may kindly be pleased to admit the above named accused applicant on bail under section 497
Cr.PC on consideration of facts and grounds mentioned herein above in the interest of Justice.

Karachi

Dated:- -01-2023 Advocate for the applicant/Accused

IN THE COURT OF VII JUDICIAL MAGISTRATE AT KARACHI EAST

Case No: 2843 of 2022

Sajjad s/o Yahya Khan,

Muslim, adult, R/o, Karachi
Presently Confined in Judicial Custody
At Central Jail Karachi. .………………………….…..……. Applicant/Accused

VERSUS

The State …………………………………………………...……… Respondent

FIR No. 58 of 2022

U/S. 381-A PPC
P.S: Aziz Bhatti

CERTIFICATE.

It is hereby certify that to best of my knowledge this is a first bail application filed on

behalf of the applicant/ accused before this Honorable Court and earlier to this no bail was

moved on behalf of the present accused.

Karachi
Dated:- -01-2023 Advocate for the applicant/Accused

QNo.5: What is the difference between sections 249 & 249-A Cr. P.C.? (Maximum 02 pages)

Ans) Difference between 249 & 249- A?

A. Under section 249 magistrates may stop the proceeding when no complainant appears before the
court. In the same way under section 249-A magistrate has the power to acquit the accused at any
stage during the pendency of the trail.

B. Under section 249 once an accused discharged can be charged again. But under section 249-A
magistrate can acquit the accused on the basis of evidence at any stage

Order under 249-A is not final order. Magistrate has power to recall the accused on the basis of
evidences established. An appeal can be filed against such order under 417 Cr.P.C
For example: If there are three accused and one of them was not found guilty then magistrate can
acquit him at that stage of the proceeding and has power tio recall him when required.

QNo.6: Draft an application under section 249 Cr.P.C. for an accused who was booked in the case of
theft. (Maximum 02 pages) (06)

QNo.7: Draft an application under section 249A Cr. P.C. for an accused who was booked in a case of
theft. (Maximum 02 pages) (07)

N THE COURT OF LEARNED ILLAQA MAGISTRATE, P.S CITY,

RAWALPINDI.

In the matter of:

The State Vs MAH

APPLICATION U/S 249-A Of Cr.PC FOR ACQUITTAL OF ACCUSED

IN CASE FIR NO._ DATED ___ OFFENCE UNDER SECTION 6/7/78 PGA,
REGISTERED AT P.S. CITY, RAWALPINDI.
Respectfully Sheweth,

1. That the petitioner is accused in the above referred case and the
allegations leveled against the accused petitioner are absolutely false,
frivolous, baseless, concocted in nature, having no truth whatsoever.
2. That numbers of opportunities were given to the prosecution to
produce the evidence against the petitioner, but the prosecution badly
failed to produce any incriminating material against the present
petitioner.
3. That even from the contents of the Challan, it is crystal clear that the
allegation against the accused petitioner is absolutely baseless and
charge against him is groundless.
4. That even if all the witnesses incorporated in the calendar of witnesses
are recorded even then there is no probability of conviction of the
accused petitioner as there is no material available against the
petitioner.
5. That there are two ingredients of U/s 249-A Cr.P.C one is when the
charge has become groundless and the second when there is no
probability of conviction of accused and in the instant matter both the
ingredients are existing, hence the instant prosecution case is not
proceedable in the light of section 249-A Cr.P.C.
6. That in view of above, further proceedings in the matter in hand would
be a futile exercise and would only amount to wastage of precious time
of this Honorable Court.
7. That in nutshell further proceedings in the matter in hand would only
waste the precious time of this Honorable Court.
PRAYER

In view of above, it is most humbly prayed that by considering the application

U/S 249-A of Cr.PC in hand and taking into account the fact that the charge
against the accused person is groundless and there is no probability of
conviction of the accused petitioner, the petitioner may kindly be acquitted
from the case in hand, in the interest of justice.

Petitioner
 Through

Malik Awais Alam

Advocate High Cour

QNo.8: What is the procedure for filing a private complaint? Discuss relevant law & case law.
(Maximum 03 pages)

PROCEDURE OF COMPLAINT

Offences triable by magistrate: Where the complaint shows that the alleged offence is triable by

Magistrate, the Magistrate taking cognizance of the offence on complaint shall at once examine

the complainant upon oath, and the substance of the examination shall be reduced to writing and

shall be signed by the complainant and also by the Magistrate. Mere reading of S. 200 reveals

that it is an essential requirement that substance of examination of complainant shall be reduced

in writing and shall be signed by the complainant and also by the Magistrate. Magistrate, if

necessary, conducts a 1 preliminary inquiry in order to determine the truth or falsehood of the

allegation; such inquiry. He may also be directed for investigation by police. Main object of S.

200, Cr.P.C. dealing with examination of the complainant was to protect the public from false,

frivolous and vexatious complaints filed against them in Criminal Courts. Magistrate must not

lightly accept the written complaint and should not proceed to issue process until he had fully

sifted the allegations made against the accused and was satisfied that prima facie the case had

been made out against those who were accused of the criminal offences. It is worth mentioning

that under section 200, 2 Cr.P.C., Magistrate has the option of only one of two alternatives, either
to enquire into case himself or to direct an investigation. He cannot have recourse to both

alternatives. No investigation can be ordered under section 202 without examining the

complainant. Section 203 of the Code empowers a Magistrate to dismiss a complaint if he finds

himself convinced by the investigation or inquiry that there does not exist sufficient ground for

proceeding with the matter. If the Magistrate deems fit that the case is of taking cognizance, he

may do so and proceed with it like a regular trial. After taking cognizance, he may issue

summons for procuring attendance of the accused on a date appointed by him, and, if on such

date, the complainant does not appear then upon non-appearance of the complainant, except

where the complainant is a public servant and his personal attendance is not required, he may

either acquit the accused or adjourn the matter as the circumstances may suggest. Besides, if

before passing final order or judgment, application for withdrawal of the complaint is filed,

Magistrate may if there are reasonable grounds, allow the withdrawal and thereupon acquit the

accused. Where a complaint is laid before a Magistrate who does not have territorial jurisdiction,

the proper course is to return the complaint to be placed before the proper Court.

Issue of process:

If the court opines that there is sufficient ground for proceedings, the court can issue a process

for summoning of accused. Even a court can issue a warrant for bringing an accused before

itself. If court thinks fit, it can postpone issue of process for compelling attendance of accused

and can it inquire into case or can direct making of inquiry of investigation by any justice of

peace or police officer. Even it can direct the making of inquiry or investigation by such a person
as it thinks fit. And ascertaining of truth or falsehood of complaint is the purpose of such inquiry

or investigation.

Dismissal of complaint:

After considering the statement of the complainant on oath and result of inquiry or investigation,

if the court considers that there is no sufficient ground for proceeding, the court can dismiss the

complaint. However, the court is to record its reasons for such dismissal.

Ans) The procedure to be followed when a complaint is filed

Section 200 of the CrPC requires the Magistrate to hear a case and question the complainant and
any witnesses present under oath for a sufficient amount of time to satisfy himself. The object of
this is to determine if the accusations present a prima facie case for the Magistrate to issue
process under Section 204 of the Criminal Procedure Code of 1973. If the witnesses are present
on the date the complaint is filed, their statements should also be recorded under this provision.

The Magistrate has three alternatives after recording the complainant and witnesses’ testimonies
and evidence under Section 200 CrPC, 1973.

1. He may issue a process under Section 204 of the Criminal Procedure Code of 1973 if
a prima facie crime is established and the potential accused resides within the
Magistrate’s local jurisdiction.
2. He may dismiss the complaint under Section 203 of the CrPC, 1973 if no prima facie
crime is shown and no reasonable foundation for prosecution exists, or
3. He may postpone the issuance of the process awaiting further inquiry by himself or
investigation by police or any other person as he thinks appropriate under Section 202
of the Criminal Procedure Code of 1973.
As a result, Section 200 of the CrPC 1973 mandates that the complainant and any witnesses
present be interrogated. This provision also makes it mandatory for the Magistrate to question
the witnesses. In the matter of Rajesh Balchandra Chalke v. State of Maharashtra (2010), the
Court concluded that Section 200 applies to the words ‘shall review’ and not ‘may review’. As a
result, the method of the evaluation of the complaint on the declaration is mandatory rather than
voluntary.
The procedure by a Magistrate who is ineligible to take cognizance of the case (Section 201)

If the complaint is filed with a Magistrate who is unable to take cognizance of the offence, then
the Magistrate shall,

1. If the complaint is submitted in writing, it can be returned to the complainant, and the
party can be asked to present the complaint in the competent court.
2. If the complaint is not submitted in writing, the Magistrate has the authority to refer
the complainant to the appropriate Court.

In Ramadhar Singh R.D. Singh v. Smt. Ambika Sahu (2016), the court declared that, without
getting into the merits of the case, what must be considered is the appeal and the need for the
legislation under which the case has been registered under Section 201 CrPC.

Case law

PLD 2007 SC 9. Noor Muhammad V/S The State & Others

S.200/202/203/204/439 CrPC. S.302/109 PPC. Possibility of acquittal----Effect----Possibility of
accusation turning out to be false or frivolous at trial should not forbear the court from issuing
process, if material available, prima facie discloses case against accused. (2) Prima facie case -
meaning --- Issuance or non-issuance of process-----Principles-----Proceedings U/S 204 or 203 CrPC
depend upon existence or non-existence of sufficient ground which had been taken by courts as the
existence of prima facie case. Two expressions i.e. existence of sufficient ground and prima facie
case have been construed by courts interchangeably. If a complaint is made before court, it is only to
see existence of a prima facie case either on the basis of averments made in complaint and statement
of complainant on oath or on the basis of inquiry, if the Court thinks fit to hold inquiry in order to
ascertain truth or falsehood of the complaint. (3) Mere summoning of accused by court to answer
charges levelled against him was not tantamount to any infringement of any right of a person, rather
it was opportunity afforded to him to explain his position. (4) Issuance of process---Examination of
material-----Principles-----Burden of proof---- Court is not expected to examine material minutely at
the stage of issuance of process; whereas at the stage of trial, court appraises evidence thoroughly
and records its findings on the basis of such appraisal and any benefit of doubt arising out of such
inquiry should be given to accused. Preliminary inquiry is not the stage where a material available on
record is assessed in depth but a prima facie case has to be made out to proceed further with the
matter for issuance of the process. Burden of proof in preliminary inquiry for issuance of process is
much lighter on the complainant as compared to the burden of proof on prosecution at trial of
offence. Prosecution, during trial, is to prove case beyond reasonable doubt and at preliminary stage
complainant is not required to discharge heavy burden of proof. Court cannot overstretch the
proceedings as to convert preliminary inquiry or averments made in complaint to a stage of full
fledged trial of the case. APPEAL ALLOWED.