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MUHAMMAD AZAM KHAN SWATI vs State S — 2023 PCrLJ 350 ISLAMABAD

Case information

Citation
2023 PCrLJ 350 ISLAMABAD
Court
Islamabad High Court
Year
2023
Reporter
PCRLJ
Parties
MUHAMMAD AZAM KHAN SWATI vs State S
Subject matter
Criminal
Provisions referred to
S. 497---; S. 20---P; S. 497; S. 131; Crimes Act (XL of 2016); Penal Code (XLV of 1860)

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

MUHAMMAD AZAM KHAN SWATI VS State S. 497---prevention of electronic Crimes Act (XL of 2016), S. 20---Penal Code (XLV of 1860), Ss. 131, 500, 501, 505 & 109---Offences against dignity of a natural person---Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty, defamation, printing or engraving matter known to be defamatory, statement conducing to public mischief, abetment---Bail, grant of---Scope---Accused sought bail after arrest in an FIR which was lodged on the allegation of making objectionable tweets on social media; the effect of which was abetting and inciting mutiny and derogatory remarks about serving army personnel---None of the offences fell in the prohibitory clause of S. 497, Cr.P.C.---Maximum punishment provided for the offence with which the accused was implicated was upto 10 years---For the purpose of bail lesser sentence was taken into consideration, hence the punishment provided for the S. 131, P.P.C. did not fall within the prohibitory clause of S. 497, Cr.P.C.---Grant of bail was a rule where the case did not fall within the prohibitory clause---Trial Court had observed that the accused had repeated the offence, however, this was only a second instance, hence the case did not fall within the exception of principles laid down in the case reported as 'Tariq Bashir v. The State' [PLD 1995 SC 34]---Moreover, in case the accused repeated the offence the respondents had the remedy to seek cancellation of bail---Examination of record showed that the procedure provided in the Federal Investigation Agency's Standing Order No. 5 of 2020 was not followed---Such lapse in investigation had made the case against the accused one of further inquiry---Investigation had been completed and the continued incarceration of accused would not serve any purpose--- Accused was enlarged on bail, in circumstances.

Other judgments reported in 2023 PCRLJ

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