TARIQ LIAQUAT ALI KHAN vs State S — 2020 PCrLJ 759 KARACHI-HIGH-COURT-SINDH

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TARIQ LIAQUAT ALI KHAN VS State S. 497---prevention of electronic Crimes Act (XL of 2016), Ss. 16, 20 & 21---Unauthorized use of identity information---Offences against dignity of a natural person and against modesty of a natural person and minor---Bail, refusal of---Prohibitory clause of S. 497, Cr.P.C.---Scope---Subscriber information implicating the accused---Scope---Allegations against the accused were that he continuously threatened and defamed the family of his ex-fiancé by making fake identity information with different names and by uploading her personal pictures; that he transmitted the edited pictures of his ex-fiancé, her father and brother and sent them to her family and friends from his personal ID and that he dispatched hard copies of edited objectionable pictures of his ex-fiancé through courier to her husband---Federal Investigation Agency, after receiving the complaint, sent a request to the Facebook authorities for providing ID login of the accused and in response thereof the Facebook authorities provided the cell phone number, Facebook ID information, creation date of ID, IP address and log activity of the accused---Federal Investigation Agency (FIA) thereafter sent a request to the Internet Service Provider (ISP) for obtaining subscriber details---Subscriber information of the cell phone numbers revealed that both numbers were registered in the name of the accused---Held; prima facie prosecution had sufficient material against the accused to connect him with the commission of the alleged crime---Offences for which the accused was charged did not fall within the prohibitory clause of S.497, Cr.P.C. being punishable upto five years, but in such like cases the grant of bail was not a right of the accused but a concession and since the accused was prima facie involved in a case against the dignity and modesty of a person, therefore, he was not entitled to the concession of bail---Bail application was dismissed, in circumstances.

TARIQ LIAQUAT ALI KHAN vs State S — 2020 PCrLJ 759 KARACHI-HIGH-COURT-SINDH

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