1141/2019 Cr.Bail Kashif Dars S/o Muhammad Usman Dars (Applicant) V/S The State (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 16-AUG-19
a) S.498, 561-A Cr.P.C--- Scope: Application of proper procedure; S.498, 561-A Cr.P.C--- Order under S.497(5) Cr.P.C passed by the District & Sessions Judge cancelling the bail of accused charged under Cyber Crime was assailed before High Court---The Court observed that the proceedings filed were half criminal bail application and half criminal Miscellaneous Application. It was further observed that surprisingly the Counsel who was protecting the liberty of his client was unaware of the law and nature of proceedings. As the proceeding under both the provision are distinguished in nature, in fact Deputy Registrar Judicial had to check that whether the instant application under Section 498 Cr.P.C was in the prescribed format for such an application or not. And if it was not the Deputy Registrar should have raised objection to bring it in the proper form. b) Supreme Court.16, 20, 21, PECA 2016 r/w 49, 420, 109 PPC (Prevention of Electric Crimes Act) --- S.497(5) Cr.P.COrder: In fact in Cyber Crime the accused cannot allege malafide in associating/ connecting him in the crime. The complainant was not aware of the applicant. He had only noticed certain fake pages on internet and Facebook carrying objectionable. FIA by using scientific technics reached to the accused through cell phone number which has been used to the Facebook carrying offensive material. Held--- Since the complainant party was never aware of the person behind this misuse of internet, it cannot be said that complainant had malafidely named the accused and arrested or associated with the offence. The Cell phone was in use of Accused and sufficient documentary evidence appeared against him connecting him with commission of offence. Application dismissed.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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