Law:

Section:

(a) Criminal Procedure Code (V of 1898)-------S. 497---Electronic Transactions Ordinance (LI of 2002), Ss.36 & 37---Penal Code (XLV of 1860), Ss.420, 506, 507 & 509---Violation of privacy of information, damage to information system, cheating, criminal intimidation and gesture or act intended to insult modesty of a woman---Bail, grant of---Further inquiry---Alternate sentence---Case not falling under prohibitory clause of S.497, Cr.P.C.---Accused had been in custody since 28-3-2014, investigation was completed and report under S.173, Cr.P.C. had been submitted before competent Court of law for trial---Effect---One of the factors for detaining accused, being necessity of custodial interrogation did not subsist anymore---Offences under Ss.420, 506, 507 & 509, P.P.C. did not fall within the purview of prohibitory clause as contained in S.497(1), Cr.P.C. and grant of bail in such like cases was a rule and refusal was an exception---One of the alternate sentences under Ss.36 & 37 of Electronic Transactions Ordinance, 2002, was fine only---Bail was allowed in circumstances. Tariq Bashir v. The State PLD 1995 SC 34 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Alternate sentence---Principle---When two alternate punishments of imprisonment or fine have been provided, in such like cases, bail has to be granted to accused on the principle that when two statutes provide two punishments then for the purpose of bail, lesser one is considered---Whether Trial Court after conclusion of trial inflicts sentence of imprisonment or fine, it is the sole discretion of Trial Court and the same cannot be ascertained at bail stage---Such fact alone makes case of accused as one of further inquiry as to which punishment is to be inflicted. ORDER MUHAMMAD HASHIM KHAN KAKAR, J.---Applicant, Mustafa Ali son of Sharafat Ali, seeks post-arrest bail in case F.I.R. No.1 of 2014 dated 28th March, 2014, under sections 36, 37(1) of the Electronic Transactions Ordinance, 2002 (the "Ordinance of 2002"), read with sections 420, 506, 507 and 509 of the Pakistan Penal Code, 1860 (P.P.C.), registered at Federal Investigation Agency (FIA) Police Station, Quetta. 2.…

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