IN THE SUPREME COURT OF PAKISTAN 
(APPELLATE JURISDICTION) 
 
 
PRESENT: 
MR. JUSTICE MAQBOOL BAQAR 
MR. JUSTICE SAYYED MAZAHAR ALI AKBAR NAQVI 
 
CRIMINAL PETITION NO. 1154 OF 2021 
(On appeal against the order dated 30.08.2021 passed by 
the Peshawar High Court, Peshawar in Cr.MBA No. 798-
A/2021) 
 
Umer Khan 
… Petitioner 
VERSUS 
The State and another 
… Respondents 
 
For the Petitioner: 
Raja Faisal Younas Abbasi, ASC 
 
For the State: 
 
Syed Nayyab Hussain Gardezi, DAG 
 
 
 
 
Mr. Basit, I.O 
 
Date of Hearing: 
 
01.11.2021 
 
ORDER 
 
SAYYED MAZAHAR ALI AKBAR NAQVI, J.- Through the instant 
petition under Article 185(3) of the Constitution of Islamic Republic of 
Pakistan, 1973, the petitioner has assailed the order dated 
30.08.2021 passed by the learned Single Judge of the Peshawar 
High Court, Peshawar, with a prayer to grant post-arrest bail in case 
registered vide FIR No. 21/2021 dated 06.07.2021 under Section 
22(1) of Prevention of Electronic Crimes Act, 2016 at Police Station 
Cyber Crimes Reporting Center, Abbottabad, in the interest of safe 
administration of criminal justice. 
2. 
 
Briefly stated the allegation against the petitioner is 
that he was sharing child pornographic content on the Facebook 
through his mobile. On receipt of the information from the Facebook, 
the matter was inquired into by the Federal Investigating Agency 
and after its conclusion the aforesaid FIR was registered and the 
petitioner was apprehended.   
3. 
 
At the very outset, it has been argued by learned 
counsel for the petitioner that the petitioner has been falsely roped in 
this case against the actual facts and circumstances of this case. 
Contends that there is no direct evidence to show that the petitioner 
CRIMINAL PETITION NO. 1154 OF 2021 
2
has shared the pornographic content on Facebook. Contends that no 
victim has been associated in the present case. Lastly contends that 
the maximum punishment for the offence with which the petitioner is 
charged with is seven years and the same does not fall within the 
prohibitory clause, therefore, the petitioner may be released on bail.  
4. 
 
On the other hand, learned Law Officer has defended 
the impugned order whereby post-arrest bail has been declined to 
the petitioner. He contended that the petitioner has committed a 
heinous offence and there is sufficient material available on record 
to connect him with the commission of the crime, therefore, he does 
not deserve any leniency by this Court.  
5. 
 
We have heard learned counsel for the parties at some 
length and have perused the record with their assistance.  
 
 
As per the contents of the crime report, the allegation 
leveled against the petitioner is that he was involved in sharing child 
pornographic content through his Facebook profile via his mobile 
device. There is no denial to this fact that it was the Facebook 
Authority who had contacted Federal Investigating Agency and had 
provided the information against the petitioner, upon which the FIA 
had inquired into the matter. The mobile phone of the petitioner was 
taken into possession and was sent to Forensic Science Laboratory 
and according to the report of the FSL, the Facebook profile of the 
petitioner was found active on his mobile phone and child 
pornographic videos and images were also extracted from his mobile 
phone. The mobile numbers which the petitioner was using in his 
mobile device were also found active and the same were registered 
in his name. We have noticed that one of the most alarming social 
evil prevailing in the society is child pornography. It has created a 
havoc in society as it contains a great threat to morality and the 
future of children. One of the reason for the rise of child abuse/rape 
cases is squarely because of child pornographic content. The 
concerns regarding child sexual abuse and exploitation have been 
prevailing in the society in the past also. However, due to various 
factors, the gravity and impact of the offense of child pornography is 
increasing at an alarming rate and this menace needs to be curbed 
with iron hands. Although the offence with which the petitioner has 
been charged with does not fall within the prohibitory clause of 
CRIMINAL PETITION NO. 1154 OF 2021 
3
Section 497 Cr.P.C. and the maximum punishment for the same is 
seven years but keeping in view the nature of accusation, its impact 
on the society and the material collected so far merits the case to fall 
within the exception of granting bail when the offence falls within 
the non-prohibitory clause. Otherwise, it is not an absolute principle 
of law. So far as the argument of learned counsel for the petitioner 
that no victim has been associated in the case is concerned, the 
allegation against the petitioner is of spreading child pornographic 
videos and not of making them. Since when he was doing this act 
and how many children’s videos has he shared so far is yet to be 
determined. In any case, it is a crime to hollow out the society, 
therefore, the argument of the learned counsel for the petitioner is of 
no help to the petitioner.  Even otherwise, this petition is barred by 
03 days and no plausible explanation for the condonation of the 
delay has been given.  
6. 
 
For what has been discussed above, this petition 
having no merit is accordingly dismissed and leave to appeal is 
refused. Before parting with the order, we direct the learned Trial 
Court to proceed with the trial expeditiously and conclude the same 
as early as possible.  
 
 
 
 
 
 
 
JUDGE 
 
JUDGE 
Islamabad, the  
1st of November, 2021 
Approved For Reporting 
Khurram 
 
 
 
 
