IMRAN KHAN vs State S — 2020 PCrLJ 1652 ISLAMABAD

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IMRAN KHAN VS State S. 497---prevention of electronic Crimes Act (XL of 2016), Ss. 20, 21 & 24---Dignity of a natural person, modesty of a natural person and cyber stalking---Bail, refusal of---Case not falling in prohibitory clause of S. 497, Cr.P.C.---Effect---Accused was arrested for sending immodest and indecent pictures of complainant and his family members and messages with abusive language through "What's App" cell phone---Plea raised by accused was that offence did not fall within prohibitory clause of S. 497, Cr.P.C.---Validity---Mere fact that offence did not fall within prohibitory clause of S. 497, Cr.P.C. did not mean that offence had become bailable---Concession of bail could not be claimed as a right and the same could be allowed where nature of offence was not heinous and against the society; where there was possibility of repetition of offence; where there was prima facie evidence of fake and frivolous involvement of accused; where there was no chance of abscondence; when there was no chance of tampering with evidence of prosecution and accused was not a habitual offender; had no previous criminal history; and concession of bail would not be misused by the accused---High Court took into consideration all such possibilities and declined to exercise discretion in favour of accused---Bail was declined in circumstances.

IMRAN KHAN vs State S — 2020 PCrLJ 1652 ISLAMABAD

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