1988 P Cr (PLP)
Syed ALI ASGHAR SHAH — Petitioner Versus THE STATE — Respondent
| Citation | 1988 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Munir Khan, J |
| Parties | Syed ALI ASGHAR SHAH — Petitioner Versus THE STATE — Respondent |
| Primary Law | (b) Penal Code (XLV of 1860), (a) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1988 P Cr (PLP)?
This judgment primarily cites: (b) Penal Code (XLV of 1860), (a) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Muhammad Munir Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 P Cr (PLP) (Syed ALI ASGHAR SHAH — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ejaz Anwar for Petitioner.
Headnotes / Summary
S. 498--Penal Code (XLV of 1860), S. 506/148/149/341--Bail before arrest--Case against accused registered under S. 506/148/149/341, Penal Code--First information report not constituting offence punishable under S. 506, P.P.C. (non-bailable) yet police registered case under the said section obviously in order to arrest accused--Held, this action indicated mala fide intention on part of police--Interim bail already granted to accused confirmed in circumstances.
Ss. 503 & 506--Criminal intimidation--Threat simpliciter, held, did not constitute criminal intimidation within definition of S.503, Penal Code, unless it was to cause that person to do any act which he was not legally bound to do or to omit to do any act which that person was legally bound to do. Rao Hamid Mukhtar for the State. M.S. Shad for the Complainant.
Judgment & Decree
Ss. 503 & 506--Criminal intimidation--Threat simpliciter, held, did not constitute criminal intimidation within definition of S.503, Penal Code, unless it was to cause that person to do any act which he was not legally bound to do or to omit to do any act which that person was legally bound to do. Ejaz Anwar for Petitioner. Rao Hamid Mukhtar for the State. M.S. Shad for the Complainant. Through this application Syed Asghar Ali Shah petitioner seeks pre-arrest bail in case under sections 506/148/149 and 341, P.P.C. registered against him at P.S. Sanda Lahore, vide F.I.R. No. 315 of 1984.
2. The prosecution case is that he wrongfully restrained M.A. Ejaz complainant, abused and beat him and took out pistol and threatened to kill him.
3. Learned counsel for the petitioner submits that the allegations against the petitioner accepted at its face value, no non-bailable offence is made out. Learned counsel for the State assisted by the learned counsel for the complainant has opposed this application on the ground that no mala fide has been alleged against the police; that offence under section 506, P. P. C . being non-bailable, it is not a fit case for grant of pre-arrest bail to the petitioner.
4. I have considered the submissions made by the learned counsel for the parties with care. I find that the case against the petitioner has been registered under section 506/148/341/149, P.P.C. and out of these sections only offence punishable under section 506, P.P.C.. is non-bailable. I am of the view that the allegations against the) petitioner and his co-accused that he:
accepted at its face value, no case punishable under section 506, P.P.C. is made out in that threfit simpliciter is not sufficient to constitute criminal intimidation within the definition of section 503, P . P. C . unless it is to cause that person to do any act which he is not legally bound to do or to omit to do any act which that person is, legally bound to do, which is not the instant case. The mere fact that although the allegation levelled in the F.I.R. did not constitute offence punishable under section 506, P.P. C. yet police registere the case, under this section; obviously to arrest him, indicates mala fide on the part of the police. For what has been said above, the pre-arrest bail already granted to the petitioner is hereby confirmed. M.Y.H./A-224/L Bail confirmed.