Shahnawaz vs State S — 2025 YLR 2666 KARACHI-HIGH-COURT-SINDH

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Shahnawaz VS State S. 497---Penal Code (XLV of 1860), Ss. 419, 420, 468, 471 & 109---prevention of electronic Crimes Act (XL of 2016), Ss. 3, 4 & 14---Cheating by personation, cheating, forgery, using as genuine a forged document, abetment, cyber stalking, electronic fraud---Bail, grant of---Further inquiry---Allegations against the accused-applicant pertained to the commission of financial fraud of Rs. 400,000/- upon the complainant, by creating and operating a fictitious Facebook account---Perusal of the record revealed that the name of the applicant did not appear in the FIR and that he was subsequently implicated by the complainant in his supplementary statement---No direct or detailed evidence was available on record that attributed any specific act to the applicant which would justify his continued incarceration---Prosecution's case was premised on general allegations of online fraud committed via social media platforms, including WhatsApp, primarily involving the fraudulent offer of employment within the Roads Department---Alleged offence did not fall within the prohibitory clause of S.497 Cr.P.C.---Moreover, it appeared rather implausible that a person would transfer such a significant amount of money to another city without any verification, and while it was arguable that such fraudulent schemes often exploit individuals in vulnerable positions, it remained a matter for the Trial Court to determine whether the amount was, in fact, sent for the purposes claimed---Case had already been challaned and the applicant was no longer required for investigative purposes---No material was on record to suggest that applicant was a flight risk or that he was likely to misuse the concession of bail if granted---Moreover, the prosecution had failed to place on record any cogent material to demonstrate that his release on bail would, in any way, prejudice the ongoing trial---Fraudulent use of social media platforms was indeed a serious and growing concern, it must be borne in mind that the applicant, like every accused person, was entitled to the presumption of innocence unless proven guilty---Such principle, being a cornerstone of our criminal justice system, ensured that the rights of the accused were protected until such time that guilt was established through due process---Right to personal liberty, enshrined in Art.10-A of the Constitution, could not be curtailed without cogent and compelling reasons---Ultimate conviction and punishment of an individual found guilty might have served as a corrective measure for an erroneous grant of bail---However, the unjust detention of an innocent individual could not be remedied, even if they were later acquitted---In such circumstances, the applicant was entitled to the relief sought---Bail application was allowed, accordingly.

Shahnawaz vs State S — 2025 YLR 2666 KARACHI-HIGH-COURT-SINDH

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