JUNAID ARSHAD vs State 2016 SCMR 2064, PLD 1994 Lah — 2018 PCrLJ 739 LAHORE-HIGH-COURT-LAHORE

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JUNAID ARSHAD VS State 2016 SCMR 2064, PLD 1994 Lah. 377, PLD 1994 Lahore 377, PLD 2016 SC 171, S. 497---Penal Code (XLV of 1860), Ss. 500, 120(b) & 109---prevention of electronic Crimes Act (XL of 2016), Ss. 4, 16, 20, 21 & 24---Defamation, criminal conspiracy, abetment, unauthorized copying or transmission of data, unauthorized use of identity information, offences against dignity of a natural person, offences against modesty of a natural person and minor, cyber stalking---Pre-arrest bail, recalling of---Allegation against the accused was that he with the rank of Senior Police Officer, created a fake facebook profile in complainant's name (his former wife) and thereby established digital communication with co-accused on his profile and through the cyber medium dispatched/uploaded material that included complainant's graphically explicit images---Accused induced the co-accused to establish liaison with the complainant, surprised embarrassingly as the images went viral---Argument that the accused, still struggling to save the bond, could not conceivably upload graphic images of a lady, though estranged, nonetheless being mother of his four children, to incur a perennial embarrassment, though ingeniously articulated, faded into insignificance in the face of formidable forensic evidence, inexorably pointed upon culpability of accused---Status of accused as a senior Civil Servant was beside the mark as there were no more equals in law and the office by itself did not confer respectability---Arrest in cognizable cases, an essential step towards investigation---Anticipatory bail was an extraordinary remedy, which could not be claimed in every criminal case as a substitute for post arrest bail---Accused had not been able to point out a single circumstance to even obliquely suggest any malice lurking behind the intended arrest---Ad interim pre-arrest bail granted earlier was recalled and bail petition was dismissed in circumstances.

JUNAID ARSHAD vs State 2016 SCMR 2064, PLD 1994 Lah — 2018 PCrLJ 739 LAHORE-HIGH-COURT-LAHORE

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