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ARHAM ABBAS vs State Ss — 2026 PLD 35 ISLAMABAD

Case information

Citation
2026 PLD 35 ISLAMABAD
Court
Islamabad High Court
Year
2026
Reporter
PLD
Parties
ARHAM ABBAS vs State Ss
Subject matter
Criminal
Provisions referred to
S. 21---C; S. 21; 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

ARHAM ABBAS VS State Ss. 497 & 561-a---Penal Code (XLV of 1860), Ss. 292-a, 292-C & 375-a---Prevention of Electronic Crimes act (XL of 2016), S. 21---Constitution of Pakistan, art. 4---Seduction, child pornography, gang rape and modesty of natural person---Bail, grant of---addition of new offence---accused not released---Grievance of accused was that after grant of bail to him by High Court, jail authorities declined to release accused on the ground that additional offence under S. 21 of Prevention of Electronic Crimes act, 2016 had been added against him---Validity---Prosecution in such circumstances was required to move application for cancellation of bail or for amendment of charge, thereby enabling Trial Court to issue notice to accused, inform him of addition of new offence and afford him an opportunity to be heard---any deviation from such process would amount to a violation of due process as enshrined in art. 4 of the Constitution and undermined sanctity of judicial orders---High Court declared continued detention of accused by jail authorities, in absence of any judicial sanction, to be without lawful authority and of no legal effect---High Court directed jail authorities to release the accused unless he was required to be detained in any other case---High Court restrained itself from expressing any opinion on merits of newly added offence and question of addition of S. 21 of Prevention of Electronic Crimes act, 2016 was to be decided by Trial Court---application was allowed accordingly.

Other judgments reported in 2026 PLD

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