Habib ur Rehman vs The State etc
This petition for pre-arrest bail arose from an FIR registered under Sections 506(ii) and 34 of the Pakistan Penal Code, 1860, alleging criminal intimidation. The Court examined the contents of the FIR and the statutory provisions regarding criminal intimidation. It observed that the police had incorrectly cited 'Section 506(ii)' as a distinct offence, noting that the provision is not structured as independent parts but rather as a single section defining criminal intimidation with varying degrees of punishment based on the nature of the threat. The Court clarified that the definition of criminal intimidation requires specific intent to cause alarm or compel an act, which was not clearly established in the FIR. Finding that the petitioner's culpability required further inquiry by the trial court and noting that the petitioner had already joined the investigation, the Court held that incarceration was not justified. Consequently, the petition was allowed, and the ad-interim pre-arrest bail was confirmed, emphasizing the need to correct misconceptions regarding the application of penal provisions for criminal intimidation.
- Does Section 506 of the Pakistan Penal Code, 1860, contain independent sub-sections or parts for criminal intimidation?
- What is the essential intent required to constitute the offence of criminal intimidation under the Pakistan Penal Code, 1860?
- Is a case involving the application of Section 506 of the Pakistan Penal Code, 1860, considered a matter of further inquiry when the specific intent is not clearly established in the FIR?
- Section 506, Pakistan Penal Code 1860
- Section 503, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
Through this petition, Habib ur Rehman petitioner seeks pre-arrest bail in case FIR No.519 dated 12.07.2024 registered for offences under Sections 506(ii) & 34 of Pakistan Penal Code, 1860, at Police Station Bambanwala, District Sialkot.
2. Arguments heard. Record perused.
3. Perusal of crime report transpires that petitioner intercepted Shahid Ali and Imran on their way to home and on gunpoint abused and extended them life threats. Admittedly, as per contents of crime report though petitioner threatened the complainant and the other witness yet it is nowhere mentioned therein that the same was done with an intent to cause alarm to the witness or to cause them to do any act which they are not legally bound to do, or not to do any act which they are legally entitled to do, as the means of avoiding the execution of such threat. Perusal of relevant column of the FIR transpires that Section 506(ii) of Pakistan Penal Code, 1860, has 03.10.2024 Mr. Muhammad Haroon Gondal, Advocate with petitioner. Ch. Awais Aslam Sndhu, Advocate for complainant. Mr. Waqas Anwar, Deputy Prosecutor General. Sajjad, ASI. Crl. Misc. No.56879/B/2024 2 been applied against the petitioner while reading of Chapter XXII of the Code ibid reveals that Section 506(ii) or 506(B) is non-existent. However, with regard to the quantum of sentence and the nature of threat, Section 506 of Pakistan Penal Code, 1860, without mentioning any first or second part explains to the effect that if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for life, or with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, the offender would be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. The earlier part of the same section says as under:- "whoever commits the offence of criminal intimidation shall be punished with imprisonment which may extend to three years or with fine up to five hundred thousand rupees or with both." While definition of criminal intimidation is provided in Section 503 of the Criminal Procedure Code, 1898, that goes as under:- "Whoever threatens another with an injury to his person, reputation or property, or to the person or reputation of anyone 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" The latter part of the subject provision is the continuity of the earlier part and it is not to be read separately. Both Crl. Misc. No.56879/B/2024 3 parts are distinguishable with regard to the nature, gravity of threat and the quantum of sentence only but the second part neither is an independent provision nor it makes a threat simplicitor, criminal intimidation. Misconception existing and noticed by this Court must be removed as the same results in misquoting of a penal provision and wrong application of the same.
4. Now coming back to the merits of the case in hand, n consideration of mentioned supra, culpability of the petitioner for an offence punishable under Section 506 of Pakistan Penal Code, 1860, yet requires determination by the learned trial court which makes this case one of further inquiry into petitioner's guilt entitling him to the grant of relief being craved. Petitioner has already joined the investigation hence, sending him behind the bars does not look justified. Being so, this petition is allowed and ad-interim pre-arrest bail already granted to the petitioner is confirmed subject to his furnishing fresh bail bonds in the sum of Rs.100,000/- with one surety in the like amount to the satisfaction of learned trial court.
5. Copy of this order be sent to the Inspector General of Police, Punjab, and the Prosecutor General, Punjab.