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Petitioner: Ahmad Khalid Butt VS Respondent: The State and another
Court Name: Supreme Court of Pakistan Judge(s): Amin-Ud-Din Khan, Syed Mansoor Ali Shah, Manzoor Ahmad Malik Title: Ahmad Khalid Butt vs The State and another Case No.: Criminal Petition No. 193 of 2021 Date of Judgment:2021-04-12 Reported As: 2021 SCMR 1016 Result: Bail granted
Judgment ORDER MANZOOR AHMAD MALIK, J.---Petitioner has impugned the order dated 03.02.2021 whereby bail was refused to him by the learned Islamabad High Court, Islamabad, in case FIR No.26 dated 29.12.2020, offence under sections 20, 21, 24 of PECA, 2016 read with sections 34,109, P.P.C., registered at Police Station FIA, Cyber Crime, Islamabad. 2. After hearing the learned counsel for the parties at length and perusal of available record, it has been observed by us that the offences alleged in the FIR fall outside the prohibitory clause of section 497, Code of Criminal Procedure, maximum punishment whereo f is five years and three years respectiv ely. The petitioner is behind the bars for the last about four months. Even as per contents of FIR, he is not the principal accused. Grant of bail in such like cases is a rule and refusal an exception. No exceptional circumstances have been pointed out to refuse the 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 Ahmad Khalid Butt 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.