Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 415---Constitution of Pakistan, Art. 185(3)---Cheating---Bail, refusal of---Online scam---Defrauding public at large through fraudulent means---Accused along with co-accused persons was specifically nominated in the FIR with the allegation of running an online scam of offering jobs in return for money---More than fifty complaints of similar nature were received against the accused, which were still under inquiry/investigation thus, on the record available, the accused appeared to be a member of a gang of swindlers involved in deceptive tactics, depriving poor and needy people of their hard earned money---Accused was arrested from the same premises from where the alleged scam was being carried out through the alleged collaboration of accused and co-accused persons---Charge-sheet had been submitted in the case and trial was in progress, therefore, at present stage for bail purposes, deep appreciation of evidence or grant of bail on merits was not a permissible practice---Supreme Court refused bail to the accused in circumstances with the observation that online scams had to be curbed with iron hands and no mercy or leniency should be shown to persons involved in such organized crimes---Petition for leave to appeal was dismissed accordingly. Muhammad Ismail v. Muhammad Rafique PLD 1989 SC 585 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 415---Cheating---Bail---Offences not punishable with imprisonment for ten years or life imprisonment or death---Discretion of court to grant bail---Scope---Scams involving defrauding public at large---Concession of bail in offences which were not punishable with imprisonment for ten years or life imprisonment or death, was not a right of the accused but was discretionary with the courts, keeping in view the facts and circumstances of the case---In ordinary course and in crimes of ordinary nature, such discretion was to be exercised in favour of the accused, however, when contrived and designed methodology was pressed into service by defrauding a bulk of poor people through fraudulent means, the…

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