Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Prevention of Electronic Crimes Act, 2016

Section: 9,10,11

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Prevention of Electronic Crimes Act (XL of 2016), Ss. 9, 10, 11--- Glorification of an offence---Cyber terrorism---Hate speech---Bail, grant of---Re-tweeting the message---Scope---Accused sought post-arrest bail in an FIR lodged under Ss. 9, 10, 11 of Prevention of Electronic Crimes Act, 2016---Sections 9, 10, 11 of Prevention of Electronic Crimes Act, 2016, prescribed fine as an alternate punishment---Trial Court was to determine, in the first instance, whether or not the accused was guilty of the offence he was charged with---Accused was found guilty after being tried, it was then for the Trial Court to determine at the sentencing stage whether in view of the facts and circumstances of the case, the accused was liable to be sent to jail or punished through imposition of fine---State had failed to point out the existence of any material which reflected that the accused was involved in glorification of proscribed organization or that he was involved in advancing the objectives of the organization---Offending tweets which formed the basis of the FIR were actually re-tweets by the accused, it could not be concluded without further inquiry that the accused possessed the necessary intent (i.e. mens rea) to glorify a proscribed organization or advance the objectives of a proscribed organization--- Accused was admitted to bail, in circumstances. Muhammad Hayat Khan v. The State and another 2019 PCr.LJ 472; Mustafa Ali v. The State 2014 PCr.LJ 1464; Asad Ullah v. The State 2012 YLR 2270; Haji Zahoor Ahmed v. The State 2013 YLR 2644; Haji Faqir Khan v. The State and another 2017 PCr.LJ 1017; Muhammad Tariq Ajmal v. The State 2021 PCr.LJ 40 and Professor Akhtar Khan v. The State 2021 PCr.LJ 506 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Scope---Offences in relation to which fine has been prescribed as an alternative punishment, the lesser punishment is to be considered for grant of bail. Mustafa Ali v. The State 2014 PCr.LJ 1464 ref. Muhammad Hayat Khan v. The State and another 2019 PCr.LJ 472 and Ameer Ullah v. The State 2012 PCr.LJ 1858 rel. (c) Criminal Procedure Code (V of 1898)---…

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