2021 PLP 557 (SCMR)
MUHAMMAD DANIYAL FARRUKH ANSARI — Petitioner Versus The STATE — Respondent
| Citation | 2021 PLP 557 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Manzoor Ahmad Malik, Mazhar Alam Khan Miankhel and Syed Manzoor Ali Shah, JJ |
| Parties | MUHAMMAD DANIYAL FARRUKH ANSARI — Petitioner Versus The STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2021 PLP 557 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2021 PLP 557 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Manzoor Ahmad Malik, Mazhar Alam Khan Miankhel and Syed Manzoor Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2021 PLP 557 (SCMR) (MUHAMMAD DANIYAL FARRUKH ANSARI — Petitioner Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Arshad Hussain Yousafzai, Advocate Supreme Court for Petitioner.
Headnotes / Summary
(Against the order dated 24.11.2020 passed by the Islamabad High Court, Islamabad in Criminal Miscellaneous No. 1154-B of 2020)
S. 497
Prevention of Electronic Crimes Act (XL of 2016), Ss. 11, 20, 21 & 22
Penal Code (XLV of 1860), Ss. 34 & 109
Hate speech, offences against dignity and modesty of a natural person and minor, child pornography, common intention, abetment
Offences alleged falling outside the prohibitory clause of S. 497, Cr.P.C.
Grant of bail was a rule and refusal thereof an exception
Admittedly, in the present case all offences alleged against accused fell outside the prohibitory clause of S. 497, Cr.P.C.
No exceptional circumstances had been pointed out to refuse concession of bail to the accused
Petition for leave to appeal was converted into an appeal and allowed, and accused was allowed bail. Moulvi Ijaz-ul-Haq, DAG along with Imran Haider, I.O./FIA for the State.
Judgment & Decree
MANZOOR AHMAD MALIK, J.
Petitioner seeks leave to appeal against the order dated 24.11.2020 whereby bail was refused to him by the learned Islamabad High Court, Islamabad in case FIR No.20 dated 20.09.2020, offence under sections 11, 20, 21, 22, PECA 2016, read with sections 34/109, P.P.C., registered at Police Station FIA Cyber Crime Reporting Center, Islamabad.
2. After hearing the learned counsel for the petitioner and learned Deputy Attorney General at length and perusal of available record with their assistance, it has been observed by us that offences alleged against the petitioner fall outside the prohibitory clause of section 497, Code of Criminal Procedure. Learned Deputy Attorney General has not disputed this fact. Grant of bail in such like cases is a rule and refusal an exception. No exceptional circumstances have been pointed out to refuse concession of bail to the petitioner.
3. For the foregoing, the instant criminal petition is converted into an appeal and the same is hereby allowed. The appellant-Muhammad Daniyal Farrukh Ansari is allowed bail (in the instant FIR) subject to his furnishing bail bond in the sum of Rs.100,000/- (one, hundred thousand) with one surety in the like amount to the satisfaction of the learned trial court. MWA/M-10/SC Bail granted.