ERUM SAJAD GULL, J.---Through this petition, Shahzad Asghar Gondal-petitioner seeks his pre- arrest bail in case F.I.R. No.76, dated 16.10.2014, under Sections 36 and 37 of Electronic Transactions Ordinance, 2002, Section 31(1) Pakistan Telecommunication (Re-organization) Act, 1996 read with Sections 420 and 109, P.P.C., registered at Police Station Cyber Crime Circle, NRBC, Lahore.
2. The allegation against the petitioner is that he was operating an illegal gateway exchange installed by him.
3. Arguments heard. Record perused.
4. The petitioner is nominated in the FIR. There is no delay in the registration of the FIR and it is mentioned in the:FIR that the Zonal Director Pakistan Tele Communication Authority (PTA) lodged a complaint on 14.10.2014 and after fulfilling all the legal requirements FIR was registered. The Federal Investigation Agency after getting search warrants from the competent Court conducted a raid on the house of the petitioner. Lap-top of the petitioner was taken into possession through a recovery memo duly signed by the father of the petitioner, as the petitioner absconded when he saw the raiding party. It is admitted that the Laptop taken into possession by the FIA belongs to the petitioner. The Hard Disk of the said laptop was sent to the Forensic Science Laboratory from where it was declared that the said Hard Disk was used for operating the business of illegal VOIP (Voice over internet protocol).
5. It was held during investigation that the petitioner was guilty of operating an illegal gateway exchange, causing loss to the Government exchequer and creating serious security threats, because communication via unknown routes could not be tapped or monitored by security intelligence agencies.
6. There is no mala fide of the FIA authority to falsely implicate the petitioner. The offences under Sections 36 and 37 of Electronic Transactions Ordinance, 2002 are not bailable. Petitioner is required for further investigation. Granting pre-arrest bail to the petitioner would mean that accused is exempted from joining investigation and by not joining investigation prosecution case may suffer for want of further recoveries. Reliance is placed upon `Sarwar Sultan v. The State and another' (PLD 1994 Supreme Court 133). Pre-arrest bail is granted only when a case is based on enmity, mala fide or when no offence is proved to have been committed. No case has been made out for this Court to use its extra ordinary jurisdiction by granting pre-arrest bail and diverting the normal course of law. Reliance is placed upon 'Malik Aqeel v. The State' (2011 SCM R 170).
7. For what has been discussed above, this petition is dismissed and the ad-interim pre-arrest bail already granted to petitioner on 03.07.2015, is recalled. However, it is made clear that the above findings are tentative in nature and shall have no bearing on the trial of the case.