-Bail was allowed. -Prevention of Electronic Crimes Act, (XL of 2016), S.11/20/21/22--Pakistan Penal Code, (XLV of 1860), Ss. 34 & 109-

 PLJ 2021 SC (Cr.C.) 179

Criminal Procedure Code, 1898 (V of 1898)--

----S. 497--Prevention of Electronic Crimes Act, (XL of 2016), S.11/20/21/22--Pakistan Penal Code, (XLV of 1860), Ss. 34 & 109--Offences alleged against accused fall outside the prohibitory clause of Section 497, Cr.P.C.--Grant of bail in such like cases is a rule and refusal an exception--Bail was allowed. [P. 180] A

Mr. Arshad Hussain Yousafzai, ASC for Petitioner.

Moulvi Ijaz-ul-Haq, DAG along with Imran Haider, I.O./FIA for State.

Date of hearing: 8.1.2021.

 PLJ 2021 SC (Cr.C.) 179
[Appellate Jurisdiction]
Present: Manzoor Ahmad Malik, Mazhar Alam Khan Miankhel and Syed Manzoor Ali Shah, JJ.
MUHAMMAD DANIYAL FARRUKH ANSARI--Petitioner
versus
STATE--Respondent
Crl. P. No. 1414 of 2020, decided on 18.1.2021.
(Against the order dated 24.11.2020 passed by the Islamabad High Court, Islamabad in Criminal Miscellaneous No. 1154-B of 2020)

Order

Manzoor Ahmad Malik, J.--Petitioner seeks leave to appeal against the order dated 24.11.2020 whereby bail was refused to him by the learned Islamabad High Court, Islamabad in case FIR No. 20 dated 20.09.2020, offence under Sections 11, 20, 21, 22, PECA, 2016, read with Sections 34/109, P.P.C., registered at Police Station FIA Cyber Crime Reporting Center, Islamabad.

2. After hearing the learned counsel for the petitioner and learned Deputy Attorney General at length and perusal of available record with their assistance, it has been observed by us that offences alleged against the petitioner fall outside the prohibitory clause of Section 497, Code of Criminal Procedure. Learned Deputy Attorney General has not disputed this fact. Grant of bail in such like cases is a rule and refusal an exception. No exceptional circumstances have been pointed out to refuse concession of bail to the petitioner.

3. For the foregoing, the instant criminal petition is converted into an appeal and the same is hereby allowed. The appellant-Muhammad Daniyal Farrukh Ansari is allowed bail (in the instant FIR) subject to his furnishing bail bond in the sum of Rs. 100,000/- (one, hundred thousand) with one surety in the like amount to the satisfaction of the learned trial Court.

(K.Q.B.)          Bail granted