Rana MUHAMMAD IMRAN NASRULLAH vs State Ss — 2022 SCMR 1946 SUPREME-COURT

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Rana MUHAMMAD IMRAN NASRULLAH VS State Ss. 498---Constitution of Pakistan, Art. 185(3)---Pre-arrest bail---Merits of case---While granting pre-arrest bail, the merits of the case can be touched upon by the Court. Head NotesCase Description Citation Name: 2022 SCMR 1946 SUPREME-COURTBookmark this Case Rana MUHAMMAD IMRAN NASRULLAH VS State Ss. 498 & 497(2)---Penal Code (XLV of 1860), Ss. 337-H(2), 506(ii), 148, 149 & 440---Constitution of Pakistan, Art. 185(3)---Trespassing, extending threats, demolishing constructed walls and making straight fire shots---Ad interim pre-arrest bail, confirmation of---Further inquiry---Admittedly a suit for declaration qua the disputed plot in question was still pending adjudication before the court of competent jurisdiction---In this view of the matter, the possibility of false implication just to pressurize the accused side to gain ulterior motives could not be ruled out --- All the offences in the crime report except sections 506(ii) & 440, P.P.C. were bailable---As far as section 440, P.P.C. was concerned, the same was added at a belated stage and the application of the same would be resolved by the Trial Court after recording of evidence---Whereas section 506(ii), P.P.C. would not be applicable where an overt act materialized and ended into an overt act, in consequence of criminal intimidation---Case of the accused squarely fell within the ambit of section 497(2), Cr.P.C. entitling for further inquiry into his guilt---Petition for leave to appeal was converted into appeal and allowed, and ad-interim bail granted to the accused was confirmed. Head NotesCase Description Citation Name: 2022 SCMR 1946 SUPREME-COURTBookmark this Case Rana MUHAMMAD IMRAN NASRULLAH VS State S. 506(ii)---Criminal intimidation---Scope---When in consequence of criminal intimidation an overt act materializes and ends into an overt act, the provision of section 506(ii), P.P.C. would not be applicable and the only provision which will remain in the field is the overt act. Head NotesCase Description

Rana MUHAMMAD IMRAN NASRULLAH vs State Ss — 2022 SCMR 1946 SUPREME-COURT

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