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Search Results: Categories: 503 PPC (1 found)
Habib ur Rehman Vs The State etc
Citation: 2024 LHC 4453
Case No: Crl. Misc.56879/24
Judgment Date: 03/10/2024
Jurisdiction: Lahore High Court
Judge: Justice Syed Shahbaz Ali Rizvi
Summary: Bail granted ---- The petitioner sought pre-arrest bail in relation to an FIR (First Information Report) filed under Sections 506(ii) and 34 of the Pakistan Penal Code (PPC), 1860, at Police Station Bambanwala, District Sialkot. The petitioner was accused of intercepting two individuals on their way home, abusing them, and threatening them with death.
------ Issues:
------ 1) Whether the application of Section 506(ii) PPC in the FIR was justified.
------ 2) Whether the petitioner should be granted pre-arrest bail, considering the circumstances of the case.
------ Holding/Reasoning/Outcome:
Application of Section 506(ii) PPC: The court observed that Section 506(ii) of the Pakistan Penal Code is not a valid or separate legal provision. Instead, Section 506 deals with criminal intimidation and covers the intent to threaten grievous harm or death, with the potential punishment extending to seven years in certain cases. The court emphasized that a threat alone does not qualify as criminal intimidation unless it causes alarm to the victim or compels them to act against their legal rights.
------ Pre-arrest Bail: The court found that the petitioner's involvement in the alleged crime required further inquiry. Since the petitioner had already joined the investigation and there was no justification for keeping him in custody, the court granted the petition for pre-arrest bail. The interim pre-arrest bail granted earlier was confirmed, subject to the petitioner furnishing bail bonds.
----- Citations/Precedents:
Section 506, Pakistan Penal Code, 1860: Criminal intimidation.
Section 503, Pakistan Penal Code, 1860: Definition of criminal intimidation.
Article 10-A, Constitution of Pakistan: Right to a fair trial.
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