Ahsan Ayyaz vs State and another
This is a criminal petition filed by Ahsan Ayyaz seeking post-arrest bail in case FIR No. 29 dated 12.08.2020, registered under Sections 20, 21, and 24 of the Prevention of Electronic Crimes Act, 2016 at Police Station FIA/CC District Multan. The core allegation against the petitioner was uploading objectionable pictures and material of the complainant, Mst. Asia Bibi, through WhatsApp. The Lahore High Court observed that the complainant and the petitioner had a prior relationship, the question of whether the petitioner uploaded the material required determination through trial evidence, the petitioner had no prior criminal record, the alleged offences did not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898, and the petitioner had been incarcerated since August 12, 2020, with no further requirement for investigation. The Court held that the petitioner had made out a case for bail and allowed the petition, admitting him to post-arrest bail subject to surety bonds. The key principle laid down is that where offences do not fall within the prohibitory clause and further investigation is not required, post-arrest bail is granted as a matter of rule.
- Whether post-arrest bail can be granted when the alleged offences do not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Does the uploading of objectionable pictures via WhatsApp under Sections 20, 21, and 24 of the Prevention of Electronic Crimes Act 2016 warrant further incarceration when investigation is complete?
- Section 20, Prevention of Electronic Crimes Act 2016
- Section 21, Prevention of Electronic Crimes Act 2016
- Section 24, Prevention of Electronic Crimes Act 2016
- Section 497, Code of Criminal Procedure 1898
ORDER
Ahsan Ayyaz, petitioner seeks post arrest bail in case FIR No. 29 dated 12.08.2020, offence under Sections 20, 21 and 24 PECA, 2016, registered at Police Station. FIA/CC District Multan.
2. Precisely , the allegation against the petitioner is that he uploaded objectionable pictures/material of the Mst. Asia Bibi complainant through WhatsApp.
3. After hearing learned counsel for the petitioner as well as learned Assistant Attorney General assisted by Mst.
Asia Bibi, victim in person and going through the record, it has been observed as follows:
(a) As per contents of FIR, Mst. Asia Bibi, victim remained in relationship with the petitioner prior to the registration of FIR. (b) The question whether the petitioner uploaded objectionable pictures of victim on social media i.e. WhatsApp would be determined by the learned trial Court after recording of evidence.
(c) Learned Assistant Attorney General, under instructions and after perusal of record, has confirmed that the petitioner is not involved in any other case of such like nature.
(d) The offences alleged against the petitioner do not fall within the prohibitory clause of Section 497, Code of 'Criminal Procedure.
(e) The petitioner is behind the bars since 12.08.2020 and no more required for the purpose of investigation.
4. For what has been observed above, this petition is allowed and the petitioner is admitted to bail after arrest subject to his furnishing bail bond in the sum of Rs. 1,00,000/-(rupees one lakh only) with one surety in the like amount to the satisfaction of learned trial Court.
5. Before parting with this order , it is clarified that the observations made in this order are purely tentative in nature and relevant only for the disposal of this bail petition, which shall not influence the learned trial Court in any manner whatsoever .