Through the instant petition, Mst. Tareeza Riaz seeks' pre-arrest bail in case FIR No. 08/2020, dated 11.02.2020, offences under Sections 20, 21 & 24 of Prevention of Electronic Crimes Act, 2016 read with Sections 420/109, PPC, registered at Police Station FIA C.C.R.C, Lahore.
2. Arguments heard. Record perused.
3. As per brief allegations levelled in the FIR, Ibrar Hussain Bukhari (complainant) is an overseas Pakistani residing in Japan and Peru. Mst. Tareeza Riaz (petitioner) and Mst. Isbah Habib Ullah (co- accused) used to come to the house of the complainant in different gatherings. Mst. Tareeza Riaz (petitioner) offered a juice to the complainant in one of the gatherings at his house and he (complainant) went senseless. Mst. Tareeza Riaz (petitioner) deceitfully captured his naked photos/videos and later on sent the same to his (complainant's) mobile number from a Dubai number (+971554378030). The said Mst. Tareeza Riaz (petitioner) along with Muhammad Iftikhar Ali alias Joji (co- accused) started to blackmail the complainant that if the complainant would not pay them Rupees Fifty Crore then the objectionable video of the complaina nt shall be put on the Internet and made viral. The complainant further alleged that Mst. Isbah Habib Ullah (co-accused) was master mind behind the abovementioned occurrence, who also shared a poster consisting fake allegations and threats against the complainant through her mobile number (0323-9338366). The complainant further alleged that Mst. Tareeza Riaz (petitioner) also demanded money from him through different sources in order to blackmail him. Eventually a raid was conducted at Office No. 5, 3rd Floor , Shalimar Plaza, Moon Market, Lahore. Mst. Isbah Habib Ullah and Muhammad Iftikhar Ali alias Joji (co-accused) were present in the above mentioned office. They were apprehended by the FIA Authorities and two mobile phones were recovered from their possession. On further analysis, it was noticed that the objectionable pictures of the complainant were shared from mobile number of the petitioner i.e., 0304-4995242 . The complainant also alleged that he was blackmailed by the petitioner and her co-accused, who demanded money from the complainant.
Hence, the above mentioned FIR.
4. The petitioner is a female. All the offence mentioned in the FIR, except the offence under Section 21 of the Prevention of Electronic Crimes Act, 2016, are bailable. Insofar as the offence under Section 21 of the Act ibid is concerned, I have noted that Ibrar Hussain Bukhari complainant has mentioned in the FIR that he was permanent resident of Japan and Peru. Mst. Tareeza Riaz (petitioner) and Mst. Isbah Habib Ullah (co-accused) used to visit his house, situated in Phase-V , DHA, Lahore in different gatherings. He (complainant) alleged that in one of the said gatherings, Mst. Tareeza Riaz petitioner administered juice to him, whereupon he (complainan t) became senseless and thereafter the petitioner captured her naked pictures/videos and shared the same with her co- accused and also sent the same on his (complainant's) mobile phone number . No specific date and time of the alleged occurrence, when the petitioner administered juice to the complainant, due to which he (complainant) went senseless and the petitioner captured his naked pictures/videos, has been mentioned in the FIR. Ibrar Hussain Bukhari complainant was present before this Court on the previous date of hearing i.e., 06.10.2020 and he submitted before the Court that his other family members were also present in his house at the time of occurrence.
Under the circumstances it is not understandable that if any juice containing intoxicated material was administered by the petitioner to the complainant then as to why the said act was not noticed by the other family members of the complainant and as to how the petitioner succeeded to record naked photos/videos of the complainant in presence of his family members. No medico legal report is available on the record to establ ish that any intoxicated material was administered by the petitioner to the complainant. Although the complainant alleged in the FIR that his objectionable naked pictures were sent to him by the petitioner from a Dubai number (+971554378030) but absolutely no proof is available on the record of FIA that the said mobile phone was in the name of Mst. Tareeza Riaz (petitioner). Although in the later part of the FIR, the complainant alleged that mobile phone number 0304- 4995242, is owned by the petitioner but no record is available on the FIA authoriti es to establish that any demand of money was made by the petitioner from the said mobile phone. Even the complainant has not alleged in the FIR that the petitioner made any demand of money from him through the abovementioned mobile phone and he only alleged that his objectionable pictures were shared by the petitioner with her co-accused through the said mobile phone number but in this respected I have noted that the complainant has already alleged in the first part of the FIR that his objectionable pictures were sent on his mobile phone number through the above-mentioned mobile phone number (+971554378030) and there is no proof on the record that the said mobile phone number was in the name of the petitioner . It is also evident from the perusal of the contents of the FIR that the complainant has himself mentioned therein that he was blackmail ed by Mst. Isbah Habib Ullah (co-accused), who demanded money from him and who was mastermind behind the occurrence. Learned counsel for the petitioner has produced before the Court the copies of FIRs i.e., FIR No. 286/2017, under Section 371, PPC and FIR No. 590/2016, under Section 406, PPC), to establish that the complainant is a blackmailer , who has lodged the abovementioned FIRs against different innocent persons. He further submits that the complainant is himself involved in immoral activities and in order to blackmail the petitioner , he has lodged the instant FIR against the petiti oner so that, the petitioner may fulfill his immoral desires. Keeping in view all the aforementioned facts, possibility of malafide involvement of the petitioner in this case by the complainant, cannot be ruled out at this stage.
5. In the light of above discussion, the instant petition is allowed and the interim pre-arrest bail already granted to the petitioner is hereby confirmed subjec t to her furnishing bail bonds in the sum of Rs. 2,00,000/- (Rupees two hundred thousand only), with one surety in the like amount to the satisfaction of the learned trial Court.
6. It is, however , clarified that the observations made in this order are tentative in nature and shall cause no prejudice to the case of either party at the time of final adjudication of the case before the learned trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.