Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 186,353,506(ii)

(a) Criminal Procedure Code (V of 1898)-- ----S. 498---Penal Code (XLV of 1860), Ss. 353, 506(ii) & 186---Assault or criminal force to deter public servant from discharge of his duty, criminal intimidation, obstructing public servant in discharge of public functions---Ad-interim pre-arrest bail, confirmation of---Allegation against the accused petitioner was that he entered into the office of complainant, used filthy language and extended threats of dire consequences---All the sections imposed in the FIR were bail-able except S.506(ii), P.P.C., which required further inquiry---Contents of FIR did not disclose an offence under S. 506(ii), P.P.C. and insertion, of said section seemed to be mala fide on the part of police just to make the offence heinous---Pre-arrest bail granted to the accused earlier was confirmed in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 498---Pre-arrest bail, grant of---Pre-requisites---Pre-arrest bail was an extraordinary concession, which could only be extended in very genuine and extraordinary circumstances---Pre-arrest bail could be granted if element of mala fide on the part of complainant was apparent on record; allegations levelled in the FIR did not appeal to a prudent mind and there had been some exaggeration of facts existed---No universal rule existed which could be followed blindly and each and every criminal case was to be decided according to its own peculiar circumstances and merits. THIS ORDER PASSED BY: MALIK HAQ NAWAZ, JUSTICE:---.--- This petition bearing No. Cr. Misc. No. 212 of 2016 has been filed by the petitioner Mehboob Alam as he has been booked for the offences under section 186/353/506(II), P.P.C. vide FIR No. 56/16 registered at Police Station City Gahkuch. 2. The prosecution case as disclosed in the FIR is that one Mir Ghayas Khan, who is posted in PWD as Executive Engineer B & R Division, District Ghizer was busy in his office, while present petitioner entered into his office and demanded a cheque pertaining to one Imran Khan. The complainant refused to fulfill his demand. The petitioner became infuriated and used filthy language against the complainant and extended threats of…

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