Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Electronic Transactions Ordinance, 2002

Section: 36,37

Law: Pakistan Penal Code, 1860

Section: 109,406,419,420

Criminal Procedure Code (V of 1898)-- ----S. 497---Penal Code (XLV of 1860), Ss. 406, 419, 420 & 109---Electronic Transactions Ordinance (LI of 2002), Ss. 36 & 37---Criminal breach of trust, cheating by personation, cheating and dishonestly inducing delivery of property, abetment, violation of privacy information, damage to information system etc.---Bail, grant of---Complainant alleged that accused launched a fraudulent earning website, deceived innocent people and extorted huge amount in his personal Bank account---Two co-accused were not nominated in the FIR and interim challan was submitted only against the accused---Case of co-accused was on better footings than the case of accused who was first granted bail by Trial Court on merit but due to his fraud and cheating by placing his fabricated computerized death certificate with the Court same was withheld---Co-accused were entitled for grant of bail following the rule of consistency---Case of co-accused depended upon the documentary evidence which were in possession of prosecution which could not be tampered if they were enlarged on bail---Bail was granted to co-accused accordingly. Abdul Salam v. The State 1980 SCMR 142; Saeed Ahmed v. The State 1996 SCMR 1132 and Sheikh Mukhtar Ahmad v. The State 2011 MLD 1761 rel. THIS ORDER PASSED BY: AFTAB AHMED GORAR, J.--- By this common order I intend to dispose of instant Bail application No.135/2017 filed by applicants Hasan Sameer and Shahwaiz Ahmed, so also Criminal Bail Application No.299/2017 filed by applicant Parvez Ahmed as both the same are upshot of one and same crime viz. FIR No.80/2014 under section 36/37 ETO 2002 read with sections 406/419/420/109 PPC at P.S. FIA Cyber Crime Circule, Karachi. The brief facts of the case as narrated in the FIR in nutshell are that the accused Parvez Ahmed son of Bashir Ahmed launched a illegal/fraudulent earning website in the name of www.pakptc.com.pk whereby he deceived the innocent people and extorted huge amounts in his personal bank account(s), therefore, instant FIR was registered. Learned Counsel for the Applicants contends that the applicants are innocent and have falsely been implicated in the instant…

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