Fakhar Zaman vs The State through D.A.G. and another

ORDER

SAYYED M AZAHAR ALI AKBAR NAQVI, J.---This petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 has been filed against the impugned order dated 15.07.2021 passed by the learned Peshawar High Court, Peshawar whereby the post-arrest bail of the petitioner was declined.

2. As per the contents of the crime report registered vide FIR No. 15 of 2021 dated 03.06.2021 under sections 20/21/24 of Prevention of Electronic Crime Act, 2016 and section 109, P.P.C. at Police Station Cyber Crime Reporting Center (CCRC) FIA, Abbottabad, it is alleged that the petitioner was instrumental in posting photographs of the complainant using cellular device and as such caused sexual harassm ent to the complainant. During the course of investigation, the petitioner was taken into custody on 08.06.2021 and as such he is behind the bars. He applied for post-arrest bail which was declined by the learned Trial Court. The same relief was also declined to him by the learned High Court vide impugned order.

3. At the very outset it has been contended by the learned counsel for the petitioner that the petitioner has been falsely roped in this case against the actual facts and circumstances.

Contends that from the bare reading of the accusation against the petitioner, no case of sexual harassm ent is made out. Further contends that the petitioner is behind the bars since more than 03 months and the maximum punishment under the statute for the offence under which the petitioner is charged is 05 years. Lastly it is contended that as the offence does not fall within the prohibitory clause, therefore, the petitioner is entitled for concession of bait prayed for.

4. On the other hand, the learned Law Officer, assisted by the learned counsel for the complainant, has contended that it is a crime against the society and such like people are not entitled to any concession. Contends that the of womenfolk is at stake because of the act of the petitioner. Further contends that the trend of sexual harassment is at rise in the society, therefore, it has to be curbed with iron hand.

5. We have heard the learned counsel for the parties and gone through the record.

There is no denial to this fact that this Court being the ultimate court of law has to decide the cases keeping in view the dictates of justice in order to establish safe administration of criminal justice.

No doubt there is allegation of sexual harassment which has been made on the basis of sharing certain photographs on social media. The trend of such like activities undeniably is at the verge of rise which clearly shows concerns towards the downfall of the society, but at the same time, a duty is cast upon the court to see whether from the facts and circumstances the case of bail is made out. To resolve this issue, we undesirably asked the Investigating officer to show us the material collected during the course of investigation. We have observed that there are certain photographs which could be termed as close to nudity but those are not recognizable. The other photographs are in full attire without any question of immorality. This aspect persuaded us to grant post-arrest bail to the petitioner, as he is behind the bars since more than 03 months and this issue can be resolved by the Trial Court after recording of evidence more authoritatively. As the liberty of a person is a precious right which has been guaranteed, therefore, we are persuaded to grant post- arrest bail to the petitioner subject to his furnishing bail bonds in the sum of Rs.200, 000/- (rupees two hundred thousand) with two sureties in the like amount to the satisfaction of the Trial Court.

Resultantly, this petition is converted into appeal and allowed and the impugned order is set aside.