| Citation(s) |
|---|
| 2022 SLG 1191 2022 SLD 1191 2022 SCMR 1511 |
Supreme Court of Pakistan
Criminal Petitions Nos. 1313-L, 1314-L and 1315-L of 2021, decision dated: 29th April, 2022. (On appeal against the judgment dated 26.08.2021 passed by the Lahore High Court, Lahore in Criminal Misc. Nos.18739-B and 18744-B of 2021)
MAZHAR ALAM KHAN MIANKHEL AND, JAMAL KHAN MANDOKHAIL, JUSTICE
Sh. Usman Karim-ud-Din, Advocate Supreme Court, Miss Hina Jilani, Advocate Supreme Court, Arshad Nazir Mirza, Advocate Supreme Court and Mirza Mehmood Ahmed, Advocate Supreme Court for Petitioners. Syed Nayyab Hussain Gerdezi, DAG, Mehmood-ul-Hasan, D.D.
Criminal Petitions Nos. 1313-L, 1314-L and 1315-L of 2021, decision dated: 29th April, 2022. (On appeal against the judgment dated 26.08.2021 passed by the Lahore High Court, Lahore in Criminal Misc. Nos.18739-B and 18744-B of 2021)
MAZHAR ALAM KHAN MIANKHEL AND, JAMAL KHAN MANDOKHAIL, JUSTICE
Sh. Usman Karim-ud-Din, Advocate Supreme Court, Miss Hina Jilani, Advocate Supreme Court, Arshad Nazir Mirza, Advocate Supreme Court and Mirza Mehmood Ahmed, Advocate Supreme Court for Petitioners. Syed Nayyab Hussain Gerdezi, DAG, Mehmood-ul-Hasan, D.D.
ROHAN AHMAD and others
VS
The STATE and others
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Penal Code (XLV of 1860)
Section: 295-B,298-C,120-B,34,109
(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 295-B, 298-C, 120-B, 34 , 109---Prevention of Electronic Crimes Act (XL of 2016), S. 11---Constitution of Pakistan, Art. 185(3)---Disseminating religious beliefs of Qadiani faith through social media and the internet---Bail, refusal of---During investigation it was found that accused used to publicly upload proscribed defiled translation of the Holy Quran, blasphemous books and other material and also created a link to an online storage drive and disseminated it through a WhatsApp number, which was registered against his name---Co-accused used to provide blasphemous content for online competitions through an email address and the number mentioned in that email was registered against his name; he also created a WhatsApp group and used to supervise and pass instructions regarding the quiz competitions through WhatsApp; and he disseminated defiled translation of the Holy Quran through WhatsApp---As regards role of the other co-accused, during investigation it was found that he prepared the quiz questions and papers of proscribed material and disseminated the same to the accused and co-accused through his email---Prosecution had sufficient material on record to connect the accused and both the co-accused with the alleged crime and in the circumstances, they were not entitled for grant of bail---Petitions for leave to appeal were dismissed, leave was refused, and accused and both co-accused persons were refused bail. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Evidence, appraisal of---Scope---At bail stage court is not meant to dig deep into the evidence or to scrutinize factual aspects of the case, which is the responsibility of the Trial Court and requires evidence to be adduced from both sides. Sh. Usman Karim-ud-Din, Advocate Supreme Court, Miss Hina Jilani, Advocate Supreme Court, Arshad Nazir Mirza, Advocate Supreme Court and Mirza Mehmood Ahmed, Advocate Supreme Court for Petitioners. Syed Nayyab Hussain Gerdezi, DAG, Mehmood-ul-Hasan, D.D. (FIA), Mudassar Shah, D.D. (FIA) and Naveed Aslam, S.I. (FIA) for the State. Muhammad Shahid Tasawar, Advocate…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492