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Official Citation: 2023 SHC 626
Court / Jurisdiction: Sindh High Court
Year of Decision: 2023
Decision Date: 2023-07-31
Parties: Muhammad Zafeer Siddiqui vs The State
Ruling Summary: This decision was rendered by the Sindh High Court on 2023-07-31, officially reported as 2023 SHC 626. In this matter between Muhammad Zafeer Siddiqui and The State, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
Case cited as 2023SHC626
Court Name: Sindh High Court Judge(s): Zulfiqar Ahmad Khan Title: Muhammad Zafeer Siddiqui vs The State Case No.: Cr. Bail Application No.1614 of 2023 Date of Judgment:2023-07-31 Reported As: 2023 SHC 626 Result: Bail Granted
Judgment ORDER Instant case is infested with the illegalities and infirmities committed by the investigating agency, that itself took the responsibility of investigation as well as arrest of the accused without having required forensic report mandated under Section 40 of the Prevention of Electronic Crimes Act, 2016 (PECA, 2016). Learned counsel states that the offences under Sections 16, 20, 21 and 24 of PECA 2016 do not fall within prohibitory clause of Section 497 Cr.P.C rather are bailable except under Section 21, which essentially requires public exhibition, display or transmission of information. I.O is unable to satisfy that why in the absence of requisite independent forensic report accused was not only challaned as well as arrested, who is behind the bars from last 2 months, who per learned counsel, is a student of BS. In the circumstances at hand, bail is granted to the applicant namely Muhammad Zafeer Siddiqui S/o Rashid Ali subject to his furnishing solvent surety in the sum of Rs.20,000/- with PR bond in the like amount to the satisfaction of the Nazir of trial Court, in Crime No.16 of 2023 registered with P.S FIA Cybercrimes, Karachi under Sections 16, 20, 21 and 24 of PECA, 2016. Let report be called from the Director Cyber Crimes, Karachi as to the competency and training of the inspectors, sub-inspectors in cybercrimes to their understanding of the legal aspects of the cybercrimes, who to be presented in person on the date given hereunder with the report. To come up on 04.08.2023.