Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 109,500

Law: Prevention of Electronic Crimes Act, 2016

Section: 9,10

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Prevention of Electronic Crimes Act (XL of 2016), Ss. 9 & 10---Penal Code (XLV of 1860), Ss. 500 & 109---Glorification of an offence, cyber terrorism, defamation, abetment---Bail, grant of---Further inquiry---Lesser punishment---First Information Report was lodged against certain elements, including the petitioner, allegedly involved in anti-State activities through Social Media (Facebook, Twitter and alike) by putting up derogatory material against the Institutions of the State---Petitioner contended that corroboration through independent evidence was required to establish that material in question was actually put up by him---Validity---Petitioner was charged with Ss. 9 & 10 of Prevention of Electronic Crimes Act, 2016---Maximum punishment provided in S. 10 of Prevention of Electronic Crimes Act , 2016 was 14 years or fine---Lesser punishment was to be taken into account for the purpose of bail---Record revealed that under the identity created on social media, which purportedly was in the name of the petitioner, derogatory and anti-State material had been put up to malign the Institutions of the State and was deplorable , however, the usage of the social media on Facebook and Twitter etc. by the petitioner was question of evidence which could only be done at the stage of trial---Case of the petitioner called for further inquiry as envisaged under S. 497(2), Cr.P.C.---Investigation was concluded and the petitioner was no more required for purpose of investigation---Petitioner was admitted to bail, in circumstances. Mustafa Ali v. State 2014 PCr.LJ 1464 and Tariq Basher v. The State PLD 1995 SC 34 ref. THIS ORDER PASSED BY: AAMER FAROOQ, J.--- The petitioner, Muhammad Hayat Khan, seeks bail after arrest in case FIR No. 31, dated 11.07.2018, under sections 9 and 10 of Prevention of Electronic Crimes Act, 2016 read with sections 500 and 109, P.P.C., Police Station FIA-Cyber Crime Circle, Islamabad. 2. The facts as narrated in the FIR are that a complaint was lodged by respondent No.2 against certain elements who are involved in anti-State activities through Social Media by putting up material…

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