Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Prevention of Electronic Crimes Act, 2016

Section: 20,21,24

Criminal Procedure Code (V of 1898)--- ----S. 497---Prevention of Electronic Crimes Act (XL of 2016), Ss.20, 21, 24---Dignity of natural person, modesty of natural person and cyber stalking---Bail, refusal of---Harassing and blackmailing a woman---Complainant alleged that accused had been displaying and transmitting information from his Whatsapp account to harm her reputation and privacy---Validity---Accused not only displayed images and videos but in order to gain financial benefits from complainant, whose husband was abroad had received handsome ransom---Role of accused fell within the preview of definition covered under his implication---In offences punishable with less than 10 years of imprisonment bails were granted but in appropriate cases it was never compulsion to the Court to grant bail as a rule and could depart from such rule to deny any favour to accused where complainant was helpless, and had been victimized due to her nude images and videos and blackmailed her financially to get illegitimate demand---Complainant was put under extortion of sending her images and nude videos to her husband---Accused sexually harassed complainant who was a married woman while her husband was abroad doing labour for earning livelihood for family---Bail was declined in circumstances. Muhammad Daniyal Farrukh Ansari v. The State 2021 SCMR 557; Akhtar Khan v. The State 2021 PCr.LJ 506; Muhammad Azam Davi v. The State through FIA 2017 PCr.LJ 1715; Usman Bin Mehmood v. The State and another 2018 PCr.LJ 408; Muhammad Usman v. The State and another 2020 PCr.LJ 705; Saleem Khalid v. The State 2021 PCr.LJ 119 and Farhan Kamrani v. The State 2018 YLR 329 ref. JUDGMENT MOHAMMAD IBRAHIM KHAN, J.---The Cyber Crime Reporting Center of the Circle/Sub-Circle Abbottabad received a complaint from Mst. Shaista Manzoor wife of Manzoor Elahi resident of T,T Colony, Haripur addressed to the Office of Deputy Director Cyber Crime Reporting Center, FIA, Abbottabad regarding her sexual harassment through Whatsapp account No. 0307-1016880 thereby, nominated Fakhar Zaman son of Rukan Zaman and another Aziz ur Rehman son of Abdur Rehman. Out of them, the petitioner Fakhar Zaman is a security…

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