Abdul Rehman vs The State and another
This is a petition for leave to appeal seeking post-arrest bail in a case involving cyber stalking and transmission of defamatory messages and photographs of the complainant's daughter-in-law to her husband, registered through the Federal Investigating Agency. The core legal question is whether post-arrest bail should be granted as a rule when the alleged offenses fall outside the prohibitory clause of Section 497 of the Code of Criminal Procedure, 1898, even if the privacy of a citizen has been grievously intruded and investigation is complete. The Supreme Court held that while bail is ordinarily granted for offenses outside the prohibitory clause upon conclusion of investigation, this rule is subject to limitations. The Court declined leave to appeal in its discretion given the gravity of the intrusion into family privacy and the peril posed to the marriage, while directing the trial court to conclude the trial within four months. The key principle laid down is that the general rule favoring bail for offenses outside the prohibitory clause is not absolute and can be denied in the exercise of judicial discretion under exceptional circumstances involving severe invasion of privacy.
- Whether bail should be granted as a matter of rule for offenses falling outside the prohibitory clause of Section 497 of the Code of Criminal Procedure, 1898 upon completion of investigation?
- Can the court refuse post-arrest bail for an offense outside the prohibitory clause due to the gravity of the intrusion into family privacy?
- Section 497, Code of Criminal Procedure 1898
ORDER
QAZI MUHAMMAD AMIN AHMED, J.---The petitioner is accused of having cyber stalked defamatory messages along with photographs of complainant's daughter in law to her husband; the matter was reported to the Federal Investigating Agency , pursuant whereto, in the wake of a detailed inquiry , devices transmitting the impugned communication were secured upon his disclosure that conclusively established his culpability as the source behind family's embarrassment. Attempts for post arrest bail failed lastly before a learned Judge-in-Chamber of the Peshawar High Court Peshawar vide impugned order dated 22.10.2021, leave to appeal wherefrom is being prayed for primarily on the ground that the offences complained do not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure, 1898 and investigation being complete there is no justification to, depart from the rule.
2. Heard. Record perused.
3. Ordinarily , upon conclusion of investigation in criminal cases falling outside the remit of "prohibition " motions for release on bail are favourably received, nonetheless, the practice is not without limitations. In the present case, privacy of a young lady has grievously been intruded to the utter embarrassment of her family; even A her marriage went into peril. The incident was reported by her father-in-law and, thus, in the facts and circumstances of the case, we do not feel persuaded, in our discretion, by the submission made at the bar so as to take a different view than concurrently taken by the Courts below . Petition fails. Leave declined. However , the learned trial Court is directed to expeditiously proceed with the trial so as to conclude it within a period of four months. Investigating Officer, in attendance, is directed to ensure presence of witnesses on the date fixed for recording of evidence.
Cited by 4 cases
- Zain-ul-Abideen Shah Versus State 2025 YLR 1854
- Jannat Gull vs The State etc 2025 LHC 368
- Jannat Gull Versus State 2026 YLR 680
- Shahzad Junaid S/O Roshan Ali vs The State 2024 SHC 818