SYED ALI ASGHAR SHAH Versus THE STATE

ORDER

Through this application Syed Asghar Ali Shah petitioner seeks pre-arrest bail in case under sections 506/148/149 and 341, P.P.C. registered against him at P.S. Sanda Lahore, vide F.I.R. No. 315 of 1984.

2. The prosecution case is that he wrongfully restrained M.A. Ejaz complainant, abused and beat him and took out pistol and threatened to kill him.

3. Learned counsel for the petitioner submits that the allegations against the petitioner accepted at its face value, no non-bailable offence is made out. Learned counsel for the State assisted by the learned counsel for the complainant has opposed this application on the ground that no mala fide has been alleged against the police; that offence under section 506, P. P. C . being non-bailable, it is not a fit case for grant of pre-arrest bail to the petitioner.

4. I have considered the submissions made by the learned counsel for the parties with care. I find that the case against the petitioner has been registered under section 506/148/341/149, P.P.C. and out of these sections only offence punishable under section 506, P.P.C.. is non-bailable. I am of the view that the allegations against the) petitioner and his co-accused that he:---- accepted at its face value, no case punishable under section 506, P.P.C. is made out in that threfit simpliciter is not sufficient to constitute criminal intimidation within the definition of section 503, P . P. C . unless it is 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 bound to do, which is not the instant case. The mere fact that although the allegation levelled in the F.I.R. did not constitute offence punishable under section 506, P.P. C. yet police registere the case, under this section; obviously to arrest him, indicates mala fide on the part of the police.

For what has been said above, the pre-arrest bail already granted to the petitioner is hereby confirmed.

M.Y.H./A-224/L Bail confirmed.