YASIR LATEEF vs The STATE and others
This petition under Section 497 of the Code of Criminal Procedure 1898 sought post-arrest bail in respect of FIR No. 36 of 2016 registered under Sections 36 and 37 of the Electronic Transactions Ordinance and Sections 420 and 109 of the Pakistan Penal Code 1860 at Police Station Cyber Crime Circle, NR3C, Lahore. The core legal question was whether the petitioner was entitled to post-arrest bail for allegedly hacking the complainant's Facebook account, uploading her personal pictures without authorization, and using them abusively. The Lahore High Court held that the offence was heinous in nature as it ruined the victim's life and damaged societal fabric, and prima facie connected the petitioner to sufficient incriminating evidence. The court established the key principle that the grant of bail is a discretionary relief rather than a matter of right, and bail should be denied in cases involving serious violations of privacy and abusive misuse of personal data on social media.
- Whether the grant of post-arrest bail can be claimed as a matter of right when the punishment for the alleged offence is imprisonment or fine?
- Does hacking a social media account and uploading personal pictures without authority constitute a heinous offence disentitling the accused to bail?
- Is an accused prima facie connected to a cyber crime offense when found guilty during police investigation with sufficient threatening evidence on record?
- Section 497, Code of Criminal Procedure 1898
- Section 36, Electronic Transactions Ordinance
- Section 37, Electronic Transactions Ordinance
- Section 420, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
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 B cannot be agitated as a matter of right. Since there is serious allegation of humiliating privacy of the complainant and using her C 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.