Case Details

Citation(s)
2020 SLG 936 2020 SLD 936 2020 SCMR 830
Supreme Court of Pakistan
Criminal Petition No. 277 of 2020, decided on 16th April, 2020, Date of hearing: 16th April, 2020.
UMAR ATA BANDIAL, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Sajeel Sheryar Swati, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioner. Aamir-ur-Rehman, Additional Attorney General for Pakistan along with Qaiser Masood, Additional Director FIA, M. Salman Deputy Director FIA, Maq

DR. ATIF MUHAMMAD KHAN

VS

THE STATE THROUGH D.A.G. AND ANOTHER

Law: Prevention of Electronic Crimes Act, 2016

Section: 21

Prevention of Electronic Crimes Act (XL of 2016)--- ----S. 21---Disseminating explicit pictures of ex-wife on social media---Bail, grant of---Mobile phone handset along with four SIMs (Subscriber Identity Modules) as well as a memory card with different IMEI numbers was recovered from accused and dispatched to Federal Investigation Agency (FIA) for digital forensic examination---Report prepared by FIA indicted that the said recovered paraphernalia did not generated the explicit material, on the basis whereof, the investigating officer, exonerated the accused and accordingly placed him in column 2 of the report under S. 173, Cr.P.C.---Bad blood between the former spouses though a possible motive to target the complainant (ex-wife), nonetheless, required independent evidence to prima facie frame the accused with the charge---Forensic evidence which was the only tool to sustain the charge was faltering as the findings recorded by the FIA were in the negative---Culpability of accused, after prosecution's failure on forensic side, could best be settled after recording of evidence and, thus, his incarceration till conclusion thereof, would be inexpedient---Accused was granted bail in circumstances. ORDER QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Behind bars since 01.01.2020, Dr. Atif Mehmood Khan, petitioner, seeks admission to bail; member of academia, he is blamed by his former wife Ms. Fozia Anwar for disseminating her explicit photographs through a WhatsApp profile, transmitted from a cell phone number issued by a United Kingdome Service Provider; the pictures accompanied threatening/ abusive messages, circulated among the family members with an obvious motive to humiliate and embarrass the lady. During investigation, petitioner led to the recovery of a number of articles, secured vide inventory dated 02.01.2020 that included a mobile phone handset along with four SIMs (Subscriber Identity Modules) as well as a memory card with different IMEI numbers, dispatched to…
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