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PROFESSOR AKHTAR KHAN vs State S — 2021 PCrLJ 506 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PCrLJ 506 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
PCRLJ
Parties
PROFESSOR AKHTAR KHAN vs State S
Subject matter
Criminal
Provisions referred to
S. 497---; S. 109---C; Crimes Act (XL of 2016); Penal Code (XLV of 1860); Crimes Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

PROFESSOR AKHTAR KHAN VS State S. 497---prevention of electronic Crimes Act (XL of 2016), Ss. 10 & 11---Penal Code (XLV of 1860), S. 109---Cyber terrorism, hate speech and abetment--- Bail, grant of---Delayed FIR---Further inquiry---Scope---Accused was alleged to have been found involved in sharing hate speech and fake information against Government institutions through his Facebook/Twitter accounts---Sections 10 & 11 of prevention of electronic Crimes Act, 2016, were punishable with imprisonment or fine or both---If at trial, the accused was only sentenced with fine then his period as under trial prisoner due to refusal of bail would amount to double jeopardy---Lesser sentence had to be taken into consideration for the purpose of grant of bail---Complaint was made after four months of the occurrence---Identity created on Social Media was purportedly ofthe accused but actual usage by the accused was a question of evidence which could only be determined at trial---Case of accused was one of further inquiry---Accused was not required for the purpose of investigation---Petition for grant of bail was allowed.

Other judgments reported in 2021 PCRLJ

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