Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 498---Electronic Transactions Ordinance (LI of 2002), Ss. 36 & 37---Pakistan Telecommunication (Re-organization) Act (XVII of 1996), S.31(1)---Penal Code (XLV of 1860), Ss.420 & 109---Illegal telephone gateway exchange and cheating---Pre-arrest bail, refusal of---Accused was guilty of operating illegal gateway exchange and causing loss to government exchequer---Accused was creating serious security threats as communication via unknown routes could not be tapped or monitored by security intelligence agencies---No mala fide of Federal Investigating Agency to falsely implicate accused was on record---Offences under Ss. 36 & 37 of Electronic Transactions Ordinance, 2002, were not bailable---Accused was required for further investigation and granting pre-arrest bail to accused would mean that he was exempted from joining investigation and by not joining investigation prosecution case could suffer for want of further recoveries---Pre-arrest bail was refused in circumstances. Sarwar Sultan v. The State and another PLD 1994 SC 133 and Malik Aqeel v. The State 2011 SCMR 170 rel. THIS ORDER PASSED BY: ERUM SAJAD GULL, JUSTICE:----------- 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 and 37 of Electronic Transactions Ordinance, 2002, Section 31(1) Pakistan Telecommunication (Re-organiza-tion) Act, 1996 read with Sections 420 and 109, P.P.C., 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…

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