Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Prevention of Electronic Crimes Act (XL of 2016), Ss. 20, 21 & 24---Cyber-crime---Bail, refusal of---Case not falling within prohibitory clause of S. 497, Cr.P.C.---Accused was arrested on allegation that objectionable material was generated by cell-phone number subscribed by accused---Plea raised by accused was that he was entitled to concession of bail as offences Scheduled were non-bailable and did not attract bar contained under S. 497, Cr.P.C.---Validity---Held, though bail in offences punishable with less than ten years of imprisonment was ordinarily granted as a rule, however, such concession was to be extended having regard to facts and circumstances of each case---Court, in appropriate cases, could justifiably depart from such rule to deny the favour---Allegation against accused, supported by technical evidence was that he, by betraying trust reposed by prosecutrix, exposed her on internet and shared indecent images not only with her better half but with others as well---Such was a flagrant intrusion into privacy that had brought a young lady into perennial embarrassment and ridicule within and outside family fold---Reference to prosecutrix's volitional intimacy with accused as contributory factor tantamounted to add insult to injury---High Court declined to receive plea of petitioner with favour in exercise of discretionary jurisdiction---Bail application was dismissed in circumstances. THIS ORDER PASSED QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Usman Bin Mehmood, petitioner herein, seeks admission to post arrest bail; he is accused in a criminal case registered vide FIR No.77 dated 27-07-2017 with Police Station Cyber Crime Circle NR-IIIC, FIA Lahore under sections 20, 21 and 24 of the Prevention of Electronic Crimes Act, 2016 on the complaint of Raees Shah Muhammad; it is alleged that he carried on with complainant's wife Aqeela Rehman PW and by taking advantage thereof, managed intimate stills as well as videos, subsequently disseminated by him through his email; the impugned material went viral and it is prosecution case that the petitioner coerced the complainant to pronounce divorce upon…

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