YASIR LATEEF vs STATE, etc.
This matter concerns a petition for post-arrest bail filed under Section 497 of the Code of Criminal Procedure 1898. The petitioner was accused of hacking the complainant's Facebook account, uploading her personal photographs without authorization, and using them abusively, causing reputational damage. The core legal question was whether the petitioner was entitled to the discretionary relief of bail given the nature of the allegations and the statutory punishment prescribed. The Court held that the offence was heinous as it severely impacted the victim's life and societal standing. The Court emphasized that bail is a discretionary relief rather than a matter of right, and the mere fact that an offence carries a punishment of imprisonment or fine does not automatically render a case one of further inquiry. Finding sufficient evidence prima facie connecting the petitioner to the offence, the Court dismissed the bail application, noting that such acts damaging the social fabric must be curbed strictly. The decision reinforces judicial discretion in denying bail for serious cyber-related offences involving privacy violations.
- Is the grant of post-arrest bail a matter of right or a discretionary relief?
- Does the fact that an offence is punishable by imprisonment or fine automatically entitle an accused to bail as a case of further inquiry?
- Can bail be denied for cyber-related offences involving the unauthorized use of personal photographs?
- Section 497, Code of Criminal Procedure 1898
- Section 36, Electronic Transactions Ordinance 2002
- Section 37, Electronic Transactions Ordinance 2002
- Section 420, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
ORDER
' This is a petition under Section 497, Cr.P.C. For grant of post-arrest bail in case F.I.R. No, 36/2016 dated 17.05.2016 for the offences under Sections 36, 37, ETO R/W 420, 109, PPC registered with Police Station Cyber Crime Circle, Circle/Sub-Circle, NR3C, Lahore.
2. Precisely stated the allegation against the petitioner is that he hacked face book 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 face book 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 t e 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 vs. 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.