MUHAMMAD HAYAT KHAN vs State S — 2019 PCrLJ 472 ISLAMABAD

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MUHAMMAD HAYAT KHAN VS State S. 497(2)---prevention of electronic Crimes Act (XL of 2016), Ss. 9 & 10---Penal Code (XLV of 1860), Ss. 500 & 109---Glorification of an offence, cyber terrorism, defamation, abetment---Bail, grant of---Further inquiry---Lesser punishment---First Information Report was lodged against certain elements, including the petitioner, allegedly involved in anti-State activities through Social Media (Facebook, Twitter and alike) by putting up derogatory material against the Institutions of the State---Petitioner contended that corroboration through independent evidence was required to establish that material in question was actually put up by him---Validity---Petitioner was charged with Ss. 9 & 10 of prevention of electronic Crimes Act, 2016---Maximum punishment provided in S. 10 of prevention of electronic Crimes Act , 2016 was 14 years or fine---Lesser punishment was to be taken into account for the purpose of bail---Record revealed that under the identity created on social media, which purportedly was in the name of the petitioner, derogatory and anti-State material had been put up to malign the Institutions of the State and was deplorable, however, the usage of the social media on Facebook and Twitter etc. by the petitioner was question of evidence which could only be done at the stage of trial---Case of the petitioner called for further inquiry as envisaged under S. 497(2), Cr.P.C.---Investigation was concluded and the petitioner was no more required for purpose of investigation---Petitioner was admitted to bail, in circumstances.

MUHAMMAD HAYAT KHAN vs State S — 2019 PCrLJ 472 ISLAMABAD

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