| Citation(s) |
|---|
| 2010 SLG 2875 = 2010 SLD 2875 = 2010 MLD 291 |
Lahore High Court
Criminal Miscellaneous No.1538-B of 2009, decided on 23rd October, 2009.
Sardar Tariq Masood, J
Criminal Miscellaneous No.1538-B of 2009, decided on 23rd October, 2009.
Sardar Tariq Masood, J
MANZOOR AHMAD and others---Petitioners
VERSUS
THE STATE---Respondent
Law:
Section:
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. 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. 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. Learned DPG for the State opposed the grant of bail. Heard. Record perused. 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…