Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Prevention of Electronic Crimes Act, 2016, Ss. 21 & 24--Pakistan Penal Code, 1860, Ss. 109, 509--Co-accused granted bail--post arrest bail--grant of--Mobile phone in which the said objectionable photographs and videos were available, was recovered from the possession of the petitioner but according to the prosecution while transmitting the said objectionable photographs and videos the ‘sim’ owned by co-accused was used--Bail has already been granted to co-accused and in that eventuality, the petitioner has become entitled to the concession of bail on the principle of rule of consistency--The offences mentioned in the FIR are out of prohibition contained in Section 497 of the Code of Criminal Procedure--The petitioner is admitted to post-arrest bail. [P. 204] A & B PLD 1995 SC 34 ref. ORDER Sardar Tariq Masood, J.-- Criminal Miscellaneous Application No. 1831/2022. For reasons set out in the application for condonation of delay, the same is allowed and the delay of 63 days in filing of the petition is condoned. Criminal Petition No. 1353/2022. 2. The petitioner has impugned the order dated 15.07.2022 of the Islamabad High Court, whereby post arrest bail was declined to him in case FIR No. 58 dated 09.05.2022 registered at Police Station FIA/CCRC, Islamabad, under Sections 21 and 24 of the Prevention of Electronic Crimes Act, 2016 read with Sections 109 and 509 of the Pakistan Penal Code, 1860. 3. Although the petitioner was nominated in the above said FIR with the specific allegation of transmitting the objectionable photographs and videos of the complainant but the record reveals that the ‘sim’ used for the purpose of…

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