Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Electronic Transactions Ordinance, 2002

Section: 36,37

Criminal Procedure Code (V of 1898)--- ----S. 497--- Electronic Transactions Ordinance (LI of 2002), Ss. 36 & 37--- Penal Code (XLV of 1860), Ss. 420 & 109---Cyber crime, cheating and abetment---Bail, grant of---Hacking---Recovery of electronic equipment---Tampering/destroying of evidence, apprehension of---Accused was apprehended red-handed from the office of a travel agency where he was working---From the possession of accused, three laptop computers, mobile phone and one portable internet device were taken into custody by Federal Investigation Agency---Laptop computers were sent to Forensic Science Laboratory from where it was proved that multiple SSL IDs assigned to different travel agents were found in the recovered laptop computers of the accused---Effect---Such SSL IDs could only be used by authorized travel agents but were illegally being accessed by laptops found in possession of accused--- Prosecution had collected substantial evidence connecting accused with commission of offence---Apprehension existed that if bail was granted to accused he would tamper with the evidence and even destroy it---Accused was a technical expert and mastermind of a gang who had been hacking IDs of various travel agents---Lead to other co-accused would be destroyed if petitioner was allowed to get in contact with his co- accused and the hectic efforts of Federal Investigation Agency in tracing out the culprits of such serious scam would suffer a serious setback---All business dealings and transactions were done internationally through internet, therefore, cyber crime could not be taken lightly---High Court observed that legislature should consider enhancing sentences for such crimes---Bail was refused in circumstances. Afzaal Ahmed v. The State 2003 SCMR 573; Imtiaz Ahmed and another v. The State PLD 1997 SC 545 and Shahzad Ahmed v. The State through F.I.A. Islamabad, 2010 SCMR 1221 rel. ORDER ERUM SAJAD GULL, J.---Adnan Hafeez, petitioner seeks his bail after arrest in case FIR No.85/2015 dated 11.09.2015, offence under Sections 36/37 ETO 2002, read with Sections 420/109, P.P.C., registered at Police Station Cyber Crime Circle/FIA, Lahore. 2. The role attributed to…

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