' Syed Azhar Hussain Shah petitioner has filed this Constitutional petition seeking quashment of F.I.R.
No,565/92, dated the 15th of October, 1992, whereby a case under section 186/506, P.P.C. Was registered with the Police Station Bhai Pheru, at the instance of Muhammad Ayub Constable, on the allegation that Tanveer Hussain visited the police station and started talking to the inmates of the lock-up. The complainant (constable) forbade him from this which excited verbal altercation.
Tanveer Hussain allegedly manhandled the constable and tore off his uniform but in the process he fell on the iron gate and sustained simple injury. Tanveer Hussain, however, left police station after issuing threats to do away with the constable.
2. The version of the petitioner (Syed Azhar Hussain) was that he has been falsely involved in the case and in fact he had gone to call on his father locked up in the police station and there he too was belaboured when he questioned their right to do so, the police registered the case against him.
3. Since the case had been registered against the petitioner, right or wrong, to be examined by the Court of Law latter, the order of release of detenu could not be passed. I, however, treat the petition as one for post-arrest bail under section 497, Cr.P.C.
4. The learned counsel for the petitioner has sought bail on the short ground that the offences under section 186/506, P.P.C. Are bailable and non-cognizable. Learned Assistant Advocate- General, however, has rightly pointed out that part 2 of section 506, P.P.C. Is cognizable and non- bailable and is attracted in this case as the petitioner had held out threats to kill the complainant before leaving the police station. The petitioner, however, was admittedly not armed. He had gone there to see his father who was behind the bars in some other case. The petitioner had a fray with the constable on duty. The version of the complainant is that the petitioner was rough with the constable on duty and even had torn of his shirt. The plea of the petitioner, however, is that when he had visited the police station to see his father, he too was involved giving severe beating. Even as per medico-legal report obtained by the S.H.O. The petitioner had suffered one lacerated wound although the medical report secured by the petitioner indicates three simple injuries. Anyhow the exact culpability of the petitioner shall come under scrutiny during trial. The case for bail is definitely come out. I, therefore, confirm interim bail already granted by this Court. The petition is disposed of.