2021 S C M R 557

[Supreme Court of Pakistan]

Present: Manzoor Ahmad Malik, Mazhar Alam Khan Miankhel and Syed Manzoor Ali Shah, JJ

MUHAMMAD DANIYAL FARRUKH ANSARI---Petitioner

Versus

The STATE---Respondent

Criminal Petition No. 1414 of 2020, decided on 18th January, 2021.

(Against the order dated 24.11.2020 passed by the Islamabad High Court, Islamabad in Criminal Miscellaneous No. 1154-B of 2020)

Criminal Procedure Code (V of 1898)---

----S. 497---Prevention of Electronic Crimes Act (XL of 2016), Ss. 11, 20, 21 & 22---Penal Code (XLV of 1860), Ss. 34 & 109---Hate speech, offences against dignity and modesty of a natural person and minor, child pornography, common intention, abetment---Bail, grant of---Offences alleged falling outside the prohibitory clause of S. 497, Cr.P.C.---Grant of bail was a rule and refusal thereof an exception---Admittedly, in the present case all offences alleged against accused fell outside the prohibitory clause of S. 497, Cr.P.C.---No exceptional circumstances had been pointed out to refuse concession of bail to the accused---Petition for leave to appeal was converted into an appeal and allowed, and accused was allowed bail.

Arshad Hussain Yousafzai, Advocate Supreme Court for Petitioner.

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

Date of hearing: 8th January, 2021.

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.

MWA/M-10/SC Bail granted.