2010 PLP 291 (MLD)

SARDAR TARIQ MASOOD, J.

Manzoor Ahmad, Safdar Hussain alias Makhan and Ghulam Haider petitioners seek nail before arrest in case F.I.R. No. 427, dated 2-8-2009 registered under sections 506/148/149, P.P.C. at Police Station Shedani District Rahimyar Khan.

2. Briefly the prosecution story mentioned in the F.I.R. is that on 29-7-2009 complainant went to the Police Post Khanbela where many persons of different brothery were present and at about 12-10 a.m. (noon) Ghulam Haider, Manzoor Ahmad and Makhni petitioners along with 8 others persons started altercation with the complainant and also abused him and threatened for murder.

3. Learned counsel for the petitioners contends that a case F.I.R. No. 417 of 2009 under sections 452/148/149, P.P.C. was registered at Police Station Shedani District Rahimyar Khan at the instance of the nephew of the petitioners. In order to counterblast and put pressure upon the petitioners, this false case was registered against them with mala fide intention and with ulterior motives; that simpliciter threat does not constitute an offence under section 506, P.P.C. and registration of case under section 506, P.P.C. manifest a mala fide and ulterior motive on the part of the complainant and the police.

4. Learned DPG for the State opposed the grant of bail.

5. Heard. Record perused.

6. Simpliciter threat does not constitute an offence under section 506; P.P.C. and definition of criminal intimidation is given in section 503, P.P.C. which is reproduced as under:-- "Whoever threatens another with an injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or 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 entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation." The definition of criminal intimidation in section 503, P.P.C. made it clear that threats simpliciter are not sufficient to constitute a criminal intimidation within the definition of section 503, P.P.C., unless it is caused that person to do any act who is not legally bound to do or to omit to do any action which that person was legally bound to do. The petitioners are not shown to be armed with any weapon. Although the allegations levelled in the F.I.R. did not constitute the offence punishable under section 506, P.P.C. as mentioned above, yet police registered the case under this section obviously to arrest them which indicates mala fides on the part of the police and the complainant. According to the complainant, this occurrence took place at police post where other police officials were also present. Investigating Officer had recorded the statements of the police officials during investigation and according to them, only altercation took place and no threats were given to the complainant. As in this case, nothing is to be recovered by the police from the petitioners; hence refusing them bail especially when offence is not made out from the bare reading of the F.I.R. will not serve any useful purpose. Resultantly, this petition is allowed and the pre-arrest bail already granted to the petitioners is confirmed subject to their furnishing fresh bail bonds in the sum of Rs.1,00,000 (Rs. One lac only) each with one surety each in the like amount to the satisfaction of learned Illaqa Magistrate. Any observation made by this Court on the merits of the case will not prejudice the case of either party during the trial. H.B.T./M-850/L Bail confirmed.