USMAN BIN MEHMOOD vs State S — 2018 PCrLJ 408 LAHORE-HIGH-COURT-LAHORE

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USMAN BIN MEHMOOD VS State S. 497---prevention of electronic Crimes Act (XL of 2016), Ss. 20, 21 & 24---Cyber-crime---Bail, refusal of---Case not falling within prohibitory clause of S. 497, Cr.P.C.---Accused was arrested on allegation that objectionable material was generated by cell-phone number subscribed by accused---Plea raised by accused was that he was entitled to concession of bail as offences Scheduled were non-bailable and did not attract bar contained under S. 497, Cr.P.C.---Validity---Held, though bail in offences punishable with less than ten years of imprisonment was ordinarily granted as a rule, however, such concession was to be extended having regard to facts and circumstances of each case---Court, in appropriate cases, could justifiably depart from such rule to deny the favour---Allegation against accused, supported by technical evidence was that he, by betraying trust reposed by prosecutrix, exposed her on internet and shared indecent images not only with her better half but with others as well---Such was a flagrant intrusion into privacy that had brought a young lady into perennial embarrassment and ridicule within and outside family fold---Reference to prosecutrix's volitional intimacy with accused as contributory factor tantamounted to add insult to injury---High Court declined to receive plea of petitioner with favour in exercise of discretionary jurisdiction---Bail application was dismissed in circumstances.

USMAN BIN MEHMOOD vs State S — 2018 PCrLJ 408 LAHORE-HIGH-COURT-LAHORE

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