Habib ur Rehman vs State Ss — 2025 MLD 714 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 MLD 714 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: MLD
Parties: Habib ur Rehman vs State Ss
Subject matter: Criminal
Provisions referred to: S. 506; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Habib ur Rehman VS State Ss. 498 & 497(2)---Penal Code (XLV of 1860), Ss.506(ii) & 34---Criminal intimidation, common intention---Ad-interim pre-arrest bail, confirmation of---Further inquiry---Section 506, P.P.C. has two parts and the latter part of the same is the continuity of the earlier part and it is not to be read separately---Both parts are distinguishable with regard to the nature, gravity and threat and the quantum of sentence only but the second part is neither an independent provision nor it makes a threat simpliciter, into criminal intimidation---Such misconception must be removed as the same results in misquoting of a penal provision and wrong application of the same---Crime report divulged that though petitioner threatened the complainant and the other witness yet it was nowhere mentioned therein that the same was done with an intent to cause alarm to the witnesses or to cause them to do any act which they were not legally bound to do, or not to do any act which they were legally entitled to do, as the means of avoiding the execution of such threat---Culpability of the petitioner for an offence punishable under S.506 of P.P.C., required determination by the Trial Court which made the case one of further inquiry into petitioner's guilt entitling him to the grant of relief---Petitioner had already joined the investigation thus, sending him behind bars was not justified---Bail application was allowed and ad-interim pre-arrest bail already granted to the petitioner was confirmed, in circumstances.

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