Cyber Crimes Pre-arrest Bail Petition Pleading U/S 498 CrPC 

IN THE COURT OF SESSION JUDGE, LAHORE.

CRL. MISC.NO.___________B/14

Nazam Din S/o MUHAMMAD Butta R/O New Garden Town, Barket Market, Lahore.
…….Petitioner
VERSUS
• The State
• The Zonal Director Pakistan Telecommunication authority (PTA).
…….Respondents

CASE FIR NO: 48/14, DATED: 13.07.2014
OFFENCE U/SS: 36, 37-ETO – 2002/31(1)PT (RO) Act-1996 r/w 420,109-PPC.
POLICE STATION: FIA/CCC.
DISTRICT: Lahore.

PETITION U/S 498 Cr.P.C. FOR THE GRANT OF PRE ARREST BAIL

Humbly Sheweth:-

1. That petitioner is implicated in above said case by FIA with the allegation that “The Zonal Director Pakistan Telecommunication authority PTA lodged a complaint wide letter No.PTA.LH/F.17-14/909 dated 09.08.2014 that broadband connection installed on telephone No.0040-9404940494 installed in the name of Muhammad Jamal S/o Ramzan Din R/o Street No.1, near Chatha House, Garden Town, Lahore is involved in illegal voice termination and causing huge loss to the Government exchequer. The Additional Director NR3C FIA Lahore, ordered to conduct a raid. A team under the supervision of undersigned (Fakhar Abbas sub-inspector), Rao Iftilkhar, Senior investigator/ technical expert, Ikram Maqsood ASI and Haseeb Ullah FC was constituted. The representative of PTA, Muhammad Iftikhar, Assistant Engineer accompanied with the FIA raiding team. The raiding team reached at the suspected premises near Old DHQ Hospital, Lahore. The team knocked the door. One person namely Muhammad Ikram S/O Ramzan came out, the raiding team got themselves introduced to him and conducted search of the house. One more person was present in the house who was later on identified as Muhammad Saeed S/O Khan Allah Bakhsh R/O Road Multan, Basti Mehrywala, Moaza Rajapur, District Lodhran. During search, a setup of 03 illegal gateways exchanges (3×16 ports) alongwith other digital media was recovered in operational condition. The technical expert of NR3C FIA dismantled the illegal gate way exchange setup and other digital media which was taken into possession by FIA through Seizure Memo. During, on spot interrogation, the accused Muhammad Saeed disclosed that he and another person namely Mian Azher Iqbal R/O Lodhran (currently residing in Dubai) owned this illegal gateway exchanges setup which they got installed through one Mehr Asgher S/O Afzal (Traffic Warden), District Multan who also provided technical support for running the setup. They installed the setup at the resident of Muhammad Irfan by installing internet connection in his name. SIMs of different cellular networks for running illegal gateway exchanges were also provided to them by Mehr Asgher. Now, he and Muhammad Irfan were running the illegal gateway exchanges setup with the connivance of Mian Asgher and Mehr Asgher since last 2 months. The role of other accomplices (if any) will be determined during the course of investigations. For further details copy of FIR is attached herewith as Annexure……. “A”.

2. That the petitioner now seeks the kind indulgence of this Honourable Court for the grant of post arrest bail inter-alia on the following.

G R O U N D S :
1. That the petitioner is not dominated in FIR.
2. That the petitioner is involved in the above titled case only due to the extra judicial confession of co-accused and malafide intention such extra judicial statement of co-accused for no weight in eyes of law.
3. That petitioner is totally innocent in this case and has no previous criminal record at all.
4. That the petitioner is involved in above mentioned case with the malafide intention of FIA as well as of complainant.
5. That there is no independent witness was associated with the recovery proceedings so Sec. 103 Cr.P.C. is violated during recovery proceedings.
6. That alleged broad band connection of PTCL Telephone No. 0608-361166 was not installed in the name of the present petitioner but was installed in the name of one Muhammad Irfan S/o Muhammad Ramzan alias Kala Khan R/o Street No.1, near Chatha House, who has no concern with the present petitioner; this fact also casts serious doubts upon prosecution case.
7. That petitioner has no nexus with the alleged occurrence having no previous record of such like cases.
8. That the present petitioner was not present at the place of occurrence but involved on the statement of Muhammad Saeed .
9. That the petitioner is innocent citizen of Pakistan having no criminal record at all.
10. That alleged recovery is faked and planted one and it is worth mentioning that the petitioner has no concern with the alleged offences.
11. That all the facts and circumstances stated above makes case of the petitioner one of further inquiry.
12. That there is no apprehension of the petitioner tempering with the evidence.
13. That the petitioner is ready to submit surety bond to the entire satisfaction of this Honourable Court.

It is, therefore, respectfully prayed that this petition may kindly be accepted and the petitioner may graciously be allowed pre arrest bail till the final decision of the case.
It is futher prayed that ad-interim pre-arrest bail may kindly also be granted to the petitioner till the final decision of instant petition .

Petitioner
Through

Ch Muhammad Shahid Bhalli
Advocate High Court