2016 P Cr. L J 1916 ✅

2016 P Cr. L J 1916 ♦️ [Lahore] Before Atir Mahmood, J YASIR LATEEF---Petitioner Versus The STATE and others---Respondents Criminal Miscellaneous No. 9559-B of 2016, decided on 23rd August, 2016. (a) Criminal Procedure Code (V of 1898)--- ----S. 497---Electronic Transactions Ordinance (LI of 2002), Ss. 36 & 37---Penal Code (XLV of 1860), Ss. 420 & 109---Hacking social media account belonging to someone else and abusing personal information---Bail, refusal of---Accused was nominated in the FIR and had been ascribed with a specific role of hacking Facebook ID of the complainant and misusing the same for uploading her personal pictures on internet without her permission---During the course of investigation, accused had been found guilty of the offence alleged against him---Offence alleged against the accused was heinous in nature as it ruined the entire life of the victim as being disgraced in the eyes of general public and her family---Sufficient evidence was available on record which was not only threatening but obnoxious and filthy in nature and prima facie connected the accused with the commission of the alleged offence--- High Court observed that such offences damaged the fibre of the society and were liable to be curbed very strongly by the law enforcing agencies---Accused was refused bail accordingly. Shahzad Ahmed v. The State 2010 SCMR 1291 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Grant or refusal of concession of bail---Discretionary relief---Same could not be agitated as a matter of right. Saleem Akram Chaudhry for Petitioner. Rana Zafar Iqbal, Standing Counsel for Federation. Sh. Muhammad Siddiq for the Complainant. Muhammad Atif Rao, DDPP and Muhammad Usman, Assistant Director, Cyber Crime Circle, FIA, Lahore for the State. ORDER ATIR MAHMOOD, J.---This is a petition under section 497, Cr.P.C. for grant of post-arrest bail in case FIR No.36/2016 dated 17.05.2016 for the offences under sections 36, 37, ETO read with 420, 109, P.P.C. registered with Police Station Cyber Crime Circle, Circle/Sub-Circle, NR3C, Lahore. 2. Precisely stated the allegation against the petitioner is that he hacked facebook account/ID of the complainant and loaded her personal pictures over facebook without authority and also used her personal pictures abusively which has allegedly caused damage to reputation of the complainant in the vicinity. 3. Arguments heard. Record perused. 4. The petitioner is nominated in the FIR. He has been ascribed with a specific role of hacking facebook ID of the complainant and misusing the same for uploading her personal pictures on internet without her permission. During the course of investigation, the petitioner has been found guilty of the offence alleged against him and there is sufficient evidence available on record which is not only threatening but obnoxious and filthy in nature and prima facie connects the petitioner with the commission of the alleged offence. To my mind, the offence alleged against the petitioner is heinous in nature as it ruins the entire life of the victim as being disgraced in the eyes of general public and her family. Such like practice and offences damage the fiber of the society and are liable to be curbed very strongly by the law enforcing agencies. 5. Learned counsel for the petitioner has emphasized more on the point that punishment for the offence alleged against the petitioner has been provided `imprisonment or fine', therefore, the case of the petitioner, learned counsel for the petitioner avers, is of further inquiry and he is entitled to concession of bail. Suffice it to say that grant or refusal of concession of bail is a discretionary relief and the same cannot be agitated as a matter of right. Since there is serious allegation of humiliating privacy of the complainant and using her personal pictures abusively, therefore, relying upon the judgment of the Hon'ble Supreme Court of Pakistan in case titled "Shahzad Ahmed v. The State" (2010 SCMR 1291), I am not inclined to allow bail after arrest to the petitioner. 6. For the aforementioned reasons, this bail application is without any merit, hence dismissed. Bail refused.