Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 406,468,471,109

Law: Prevention of Electronic Crimes Act, 2016

Section: 14,16

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 406, 468, 471 109---Prevention of Electronic Crimes Act (XL of 2016), Ss. 14 16---Criminal breach of trust, forgery for purpose of cheating, using as genuine a forged document, abetment---Electronic fraud---Unauthorized use of identity information---Bail, grant of---Scope---Accused was alleged to have advertised a vehicle on an online marketplace which was purchased by complainant, however subsequently, its invoice was found to be fabricated and forged---None of the offences with which the accused was charged fell within prohibitory clause of S.497, Cr.P.C.---Investigating Officer had yet to determine whether the invoice was forged by the accused or the one from whom he had purchased the vehicle---Accused was not required for further investigation and case against him was one of further inquiry---Petition for grant of bail was allowed, in circumstances. Salim Dad Khan v. Ghulam Muhammad and others 2011 YLR 540; Muhammad Ali v. The State 2008 PCr.LJ 1360; Tabbasam Ahmed Qureshi v. The State 2000 PCr.LJ 105 and Syed Maqsood Hussain Shah v. The State 2007 PCr.LJ 171 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Scope---Where the offences do not fall within prohibitory clause of S.497, Cr.P.C., grant of bail in such like cases is a rule and refusal is an exception. Tariq Bashir and 5 others v. The State PLD 1995 SC 34 ref. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Pendency of FIR of similar nature---Effect---Scope---Mere pendency of FIR of similar nature against accused is not a ground for refusal of bail unless any one of them has culminated into conviction. Qurban Ali v. The State and others 2017 SCMR 279 ref. ORDER AAMER FAROOQ, JUSTICE:---.--- The petitioner, Muhammad Nawaz seeks bail after arrest in case FIR No.16 dated 11.06.2020 for offences under sections 14 and 16 PECA, 2016 read with sections 406/468/471 and 109, P.P.C. registered at Police Station FIA Cyber Crime Reporting Centre, Islamabad. 2. Respondent No.2 filed a complaint against the petitioner, which resulted in above mentioned FIR, wherein it was alleged that petitioner…

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