18/10/2020
2020 P Cr. L J 759
Before Mrs. Rashida Asad, J
TARIQ LIAQUAT ALI KHAN---Applicant
Versus
The STATE---Respondent
Criminal Bail Application No. 958 of 2019, decided on 20th September,2019.
(a) Criminal Procedure Code (V of 1898)---
----S. 497---Prevention of Electronic Crimes Act(XL of 2016), Ss. 16, 20 & 21---Unauthorized use of identityinformation---Offences against dignity of a natural person and against modestyof a natural person and minor---Bail, refusal of---Prohibitory clause of S. 497,Cr.P.C.---Scope---Subscriber information implicating theaccused---Scope---Allegations against the accused were that he continuouslythreatened and defamed the family of his ex-fianc by making fake identityinformation with different names and by uploading her personal pictures; thathe transmitted the edited pictures of his ex-fianc , her father and brother andsent them to her family and friends from his personal ID and that he dispatchedhard copies of edited ojectionable pictures of his ex-fianc through courier toher husband---Federal Investigation Agency, after receiving the complaint, senta request to the Facebook authorities for providing ID login of the accused andin response thereof the Facebook authorities provided the cell phone number, FacebookID information, creation date of ID, IP address and log activity of theaccused---Federal Investigation Agency (FIA) thereafter sent a request to theInternet Service Provider (ISP) for obtaining subscriber details---Subscriberinformation of the cell phone numbers revealed that both numbers wereregistered in the name of the accused---Held; prima facie prosecution hadsufficient material against the accused to connect him with the commission ofthe alleged crime---Offences for which the accused was charged did not fallwithin the prohibitory clause of S.497, Cr.P.C. being punishable upto fiveyears, but in such like cases the grant of bail was not a right of the accusedbut a concession and since the accused was prima facie involved in a case againstthe dignity and modesty of a person, therefore, he was not entitled to theconcession of bail---Bail application was dismissed, in circumstances.
2018YLR 329 ref.
(b) Criminal Procedure Code (V of 1898)---
----S. 497---Bail---Tentative assessment---Scope---Deeperappreciation of material placed on record is not permitted at bail stage andthe Court has to form its opinion on tentative assessment of record; however,the bail application cannot be decided in vacuum rather a bird's-eye view isrequired to be taken.
FayyazAhmed for Applicant.
ChoudhryWaseem Ahmed, Additional Attorney General Pakistan along with Mirza TanveerAhmed, Law Officer, FIA Cyber Crime Wing Karachi and Aijaz Ali Hisbani for theComplainant.