Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Electronic Transaction Ordinance, 2002, Ss. 36 & 37--Pakistan Telecommunication (Re-organization) Act, 1996, S. 31(1)--Pakistan Penal Code, (XLV of 1860), Ss. 420 & 109--Bail before arrest, refusal of--Operating illegal gateway exchange--FSL report--Hard disk was used for operating business of illegal VOIP--No delay in FIR--Recovery of laptop--Held: There was nomalafide of FIA authority to falsely implicate petitioner--Offences under Sections 36 & 37 of Electronic Transaction Ordinance, 2002 were not bailable--Petitioner is required for further investigation--Granting pre-arrest bail to accused would mean that accused was exempted from joining investigation and by not joining investigation prosecution case may suffer for want of further recoveries--Pre-arrest bail was granted only when a case was based on enmity, mala fide or when no offence was proved to have been committed--No case had been made out for High Court to use its extra ordinary jurisdiction by granting pre-arrest bail and diverting normal course of law. ORDER Through this petition, Shahzad Asghar Gondal- petitioner seeks his pre-arrest bail in case F.I.R.No. 76, dated 16.10.2014, under Sections 36 & 37 of Electronic Transaction Ordinance, 2002, Section 31(1)Pakistan Telecommunication (Re-organization)Act, 1996 read with Sections 420 & 109, PPC, registered at Police Station Cyber Crime Circle, NRBC, Lahore. 2. The allegation against the petitioner is that he was operating an illegal gateway exchange installed by him. 3. Arguments heard. Record perused. 4. The petitioner is nominated in the FIR. There is no delay in the registration of the FIR and it is mentioned in the FIR that the Zonal Director Pakistan Tele-Communication Authority (PTA) lodged a complaint on 14.10.2014 and after fulfilling all the legal requirements FIR was registered. The Federal Investigation Agency after getting search warrants from the competent Court conducted a raid on the house of the petitioner. Lap-top of the petitioner was taken into possession through a recovery memo. dulysigned by the father of the petitioner, as the petitioner absconded…

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