| Citation(s) |
|---|
| 2026 SLG 1474 2026 SLD 1474 = 2026 PLJ 1 |
Lahore High Court, Multan Bench, Multan
Crl. Misc. No. 3967-B of 2023, decided on 4.7.2023.
Presented By: Sardar Muhammad Sarfraz Dogar, J.
Mr. Muhammad Arslan Khan, Advocate for Petitioner. Mr. Nadeem Ahmad Tarar, DAG for State. Rao Abdul Qayyum Maqsoodi, Advocate for Complainant. Date of hearing: 4.7.2023.
Crl. Misc. No. 3967-B of 2023, decided on 4.7.2023.
Presented By: Sardar Muhammad Sarfraz Dogar, J.
Mr. Muhammad Arslan Khan, Advocate for Petitioner. Mr. Nadeem Ahmad Tarar, DAG for State. Rao Abdul Qayyum Maqsoodi, Advocate for Complainant. Date of hearing: 4.7.2023.
AFZAAL AFZAL--Petitioner
VERSUS
STATE and another--Respondents
Law: Prevention of Electronic Crimes Act, 2016
Section: 21,24
Law: Criminal Procedure Code, 1898
Section: 497
PLJ 2026 Cr.C. (Note) 1 [Lahore High Court, Multan Bench] Prevention of Electronic Crimes Act, 2016 (XL of 2016)-- ----Ss. 21 & 24--Criminal Procedure Code, 1898 (V of 1898), S. 497--Appreciation of evidence--At bail stage only tentative assessment of record is permitted and deeper appreciation of evidence/material is not permitted--Offences charged (Sections 21 and 24 of P.E.C.A) do not fall within prohibitory clause of Section 497, Cr.P.C.: being punishable up to five (05) years, but in such like cases where dignity and modesty of a person is at stakes, discretion for grant of bail has to be exercised cautiously specially when offence seriously affect whole society and impact is devastating not only for complainant but to his/her family which may ruin future life of victim--Record perused, which clearly depicts that victim herself captured most of pictures with petitioner--Section 21 of PECA attracts only when person is involved directly in sharing of any nude data in order to threat, harass and blackmail complainant, but in this case, no nude data of victim was ever being prepared, superimposed of shared by petitioner, therefore, attraction of Section 21 of PECA to extent of present petitioner is necessarily a matter of further inquiry--Technical report clearly reveals that mobile of complainant was sent for forensic analysis. [Para 5] A Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Prevention of Electronic Crimes Act, 2016 (XL of 2016), Ss. 21 & 24--Bail, grant of--Allegation of--Shared objectionable/nude data of victim to others--Hon’ble Supreme Court of Pakistan that bail does not…