Law: Criminal Procedure Code (V of 1898)

Section: 497(5),498

Law: Pakistan Penal Code, 1860

Section: 109,419

Law: Prevention of Electronic Crimes Act, 2016

Section: 16,20,21

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 497(5) & 498---Prevention of Electronic Crimes Act (XL of 2016), Ss. 16, 20 & 21---Penal Code (XLV of 1860), Ss. 419 & 109---Unauthorized use of identity information, offences against dignity of a natural person, offences against modesty of a natural person, cheating by personation, abetment---Bail, cancellation of---Scope---Allegation against accused was that he, through his cell number, created a fake Facebook I.D. and circulated defamatory content, indecent and abusive images---Magistrate granted bail to the accused while Sessions Judge cancelled the bail---Accused had admitted that the disputed cell number was registered in his name as well as in his use---Technical analysis of mobile phone of accused showed that objectionable edited images of the complainant and others were found therein---Complainant was not aware of the accused, he had only noticed certain fake pages on internet and Facebook carrying objectionable material and had reported the matter to the FIA to "identify the persons involved in the crime"---Prima facie, documentary evidence was more than enough to connect the accused with the offence---Sessions Judge had rightly cancelled the bail granted to the accused---Petition for grant of bail was dismissed. 2018 YLR 329 and 2018 PCr.LJ 739 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 498---Pre-arrest bail---Mala fide---Scope---Bail before arrest can be granted to accused on the sole ground of mala fide. THIS ORDER PASSED BY: NAZAR AKBAR, JUSTICE:---.--- Urgency application is granted. 2. Exemption granted subject to all just exceptions. 3 to 5. By this order I intend to dispose of C.M.A. No.8288/2019 under section 498, Cr.P.C. along with C.M.A. No.8289/2019 under section 561-A, Cr.P.C. Both the applications by their contents are in the nature of application for interim relief pending the instant Criminal Bail Application No.1141 of 2019. The main prayer is as follows:- It is, therefore, respectfully prayed that the instant application against the impugned Order dated 05.08.2019 of the learned District and Sessions Judge, Karachi, Malir may very graciously be allowed and the…

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