2022 PLP 211 (YLRN)

SAMAN RAFAT IMTIAZ, J.

Through the instant petition, the Petitioner [Hassan Nawaz] is seeking post-arrest bail in FIR No.111/22 dated 26.07.2022 registered for the offences under sections 21 and 22 of Prevention of Electronic Crimes Act, 2016 ("PECA") read with section 109, Pakistan Penal Code, 1860 ("P.P.C.") at Police Station FIA Cyber Crime Circle, Islamabad. Petitioner's similar request has been declined by the learned Judge, Prevention of Electronic Crime, Islamabad vide order dated 10.08.2022.

2. The facts in brief as per the FIR are that consequent upon conclusion of enquiry RE-609/2022, it transpired that the accused person Hassan Nawaz son of Akhter Nawaz [Petitioner] with criminal intentions and ulterior motives illegally and un-authorizedly created and operated the Instagram accounts and WhatsApp accounts/groups for the sole purpose of obtaining, sharing, consuming, possessing, selling and disseminating pornographic and sexually explicit videos/ pictures of minors. The accused person is holding Instagram accounts i.e. chacho charsi 1.0. which are associated with the mobile numbers 923359268752 and 923175085598. The said accounts were used by the accused to share, transmit, propagate, possess, sell and receive sexually exploitation contents of minors. The accused person through his mobile number: 923359268752 that is registered on his father's name is also found to be the administrator/user of WhatsApp accounts that are used to purchase, share, disseminate and possess, material of minors engaged in sexually explicit conduct. The aforesaid Instagram accounts and WhatsApp account are used to disseminate, transmit upload share and propagate sexually explicit and exploitation videos/pictures of minors, publicly on social media platforms. Prima facie a case under sections 21 and 22 of PECA, 2016 read with 109, P.P.C. is made out against the accused person namely Hassan Nawaz son of Akhter Nawaz CNIC No.37405-6161501-5 resident of H. # 15-876/A, Gali Muhalla Imran Street, Aziz Abad Rawalpindi. Role of other involved persons, if any, will be thrashed out during investigation.

3. The learned counsel for the Petitioner contended that the Petitioner is innocent and has been implicated falsely in this case; that there is no private complainant in the instant case and no victim has been named or identified; that enquiry has not been initiated by an authorized officer in terms of the relevant provisions of PECA, 2016; that there is no allegation that the Petitioner has made any pornographic videos; that the Petitioner is student with no prior record; and that offences levelled against the Petitioner do not fall within prohibitory clause of section 497, Cr.P.C. as such the Petitioner is entitled for post arrest bail.

4. The learned A.A.G. contended that the FIR is maintainable and that the Petitioner is alleged to have committed heinous crime and he is the principal accused as such he is not entitled for concession of post arrest bail. He, however, conceded that no SIM has been found in the name of the Petitioner.

5. I have heard learned counsel for the parties and perused the record.

6. Perusal of the contents of the FIR shows that the Petitioner is not nominated by an alleged victim. Furthermore it is an admitted fact that neither of the two mobile numbers which as per the FIR are associated with the Instagram and WhatsApp accounts allegedly used for sharing, transmitting, etc., sexually objectionable content involving minors is not registered in the name of the Petitioner as such case of the Petitioner is of further inquiry into his guilt. The offences levelled against the Petitioner do not carry punishment, which fall within prohibitory clause of section 497, Cr.P.C. The investigation has been completed and the Petitioner is no more required for the purpose of investigation. As such, keeping the Petitioner behind bars would not serve any useful purpose anymore.

7. The upshot of the above discussion is that the Petitioner has successfully made out a prima facie case for his release on bail. Consequently, the instant bail petition is allowed and the Petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs. 50,000/- (Fifty Thousand) with one surety in like amount to the satisfaction of the learned Trial Court. The Petitioner may submit surety in cash.

8. It is made clear that if the concession of bail is misused by the Petitioner or any delay in conclusion of trial is caused by him or anyone else act o on his behalf, the Trial Court shall be competent to recall the bail granted, after hearing the parties, strictly in accordance with the law.

9. Needless to mention that the above observations are tentative in nature, which shall in no way prejudice the learned Trial Court. SA/162/Isl. Bail granted.