Law: Criminal Procedure Code (V of 1898)

Section: 497(5),498

Law: Penal Code (XLV of 1860)

Section: 188,298A

Law: Anti-Terrorism Act, 1997

Section: XXVII,7

(a)    Criminal Procedure Code (V of 1898)--- ----Ss. 497(5) & 498---Penal Code (XLV of 1860), Ss. 188 & 298-A---AntiTerrorism Act (XXVII of 1997), 7---Blasphemous content on social media forums---Petition for cancellation of bail, dismissal of---Allegations against the accused-respondent were that he had shared video from his Tik-Tok ID in which righteous Caliphs were desecrated which outraged the religious feelings of the followers of a religious party---From perusal of record it transpired that except statement of complainant no incriminating material had been collected by the police against the respondent/accused during investigation---Although the prosecution had allegedly recovered CD and mobile phone from the respondent/accused but prosecution had failed to obtain forensic report of the recovered CD and mobile phone---Moreover, challan of the case against the respondent/accused had yet not been submitted in the Court of competent jurisdiction---Thus, the Trial Court had rightly granted bail in favour of the respondent/accused after properly evaluating the available material/evidence--Considerations for cancellation of bail were different from the considerations for grant of bail---Bail could be cancelled if the order of bail on the face of it was perverse and had been passed in violation of the principles for grant of bail or it was a patently illegal, erroneous, factually incorrect order and had resulted in miscarriage of justice---In the instant case none of the grounds for cancellation of bail were attracted/available, therefore, the cancellation of bail petition was not maintainable---Petition for cancellation of post arrest bail having no substance was dismissed, in circumstances. (b)    Criminal Procedure Code (V of 1898)--- ----Ss. 497(5) & 498---Bail order---Observations of the Court---Scope--Observations made in bail cancellation order are tentative in nature and shall not influence the mind of the Trial Court at the time of conducting trial of the case of the respondent. Date of hearing: 6th August, 2025. JUDGMENT ALI BAIG, C.J.---The instant petition under section 497(5) Cr.P.C has been filed by the…