Drafting serves as the cornerstone of legal practice. A well-crafted document holds the potential to sway outcomes significantly. Document Underhand is an attempt to introduce to students of law the basic features and grounds of different applications and petitions required at different stages of criminal cases.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptx
From Scratch to Strong: Introduction to Drafting of Criminal Cases and Applications
1. From Scratch to Strong:
Introduction to Drafting
of Criminal Cases and
Applications
Presented by :
Sehrish Saba Raja
2. Contents
1. Grounds of Petitions before Justice of Peace
2. Petition for Registration of Criminal Case
3. Petition to take Account of Excess of Power by
the Police
4. Grounds of Petitions Before Arrest
5. Petition for Pre-Arrest Bail
6. Grounds of Petitions After Arrest
7. Petition for Post-Arrest Bail
8. Inherent Powers of Court under Sec 561-A CrPC
9. Application for Addition of Offence in Bail
Petition
10. Application for Custody of Property Pending
Trial
11. Grounds for Dar-Ul-Aman Proceedings
12. Application for Dar-Ul-Aman Proceedings
6. Grounds for
Pre-Arrest Bail
Petition U/Sec
498 CrPC, 1898
1. Genuine proved apprehension of imminent arrest
(mention of FIR in the petition)
2. Petitioner should physically surrender to the Court
(He should be in Court when the petition is
presented)
3. Plea of ulterior motive, particularly on the part of
police
4. Apprehension of harassment and undue irreparable
humiliation by means of unjustified arrest
5. Even otherwise it should be a fit case on merits to
exercise discretion in favour of the petitioner (As
pre-arrest bail is purely the discretion of the Court )
8. Grounds for
Post -Arrest Bail
Petition U/Sec
497 CrPC, 1898
1. Petitioner is in judicial custody
2. Case of further inquiry
3. Plea of minority, sickness, infirmity or being women
4. Nature and gravity of charges
5. Good character of the accused
6. No previous conviction or criminal record
7. No danger of repetition of offence
8. No likelihood of absconding
9. No likelihood of tempering with the evidence
10. Accused is already behind the bar for a considerable
period and the trial is not likely to conclude in the
near future
11. Punishment before punishment