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SHAHZAD vs State S — 2023 SCMR 679 SUPREME-COURT

Case information

Citation
2023 SCMR 679 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2023
Reporter
SCMR
Parties
SHAHZAD vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; 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

SHAHZAD VS State S. 497---Prevention of Electronic Crimes act (XL of 2016), Ss. 21 & 24---Penal Code (XLV of 1860), Ss. 109 & 509---Constitution of Pakistan, art. 185(3)---Transmitting objectionable photographs and videos through mobile phone---Bail, grant of---Rule of consistency---although the petitioner was nominated in the FIR with the specific allegation of transmitting objectionable photographs and videos of the complainant but the record revealed that the sim used for the purpose of transmitting the said photographs and videos was owned by person "a", co-accused, and according to "a" he forgot his sim at the house of person "T", another co-accused---Both "a" and "T" were brother-in-law of the complainant---although according to the investigation, the mobile phone in which the said objectionable photographs and videos were available, was recovered from the possession of the accused but according to the prosecution while transmitting the said objectionable photographs and videos the sim owned by "a" was used---Bail had already been granted to "a" and in such eventuality, the accused had become entitled to the concession of bail on the principle of rule of consistency---Even otherwise, the accused had no previous criminal record---Petition for leave to appeal was converted into appeal and allowed, and accused was granted bail.

Other judgments reported in 2023 SCMR

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