Additional Sessions Judge Kamran Bashrat Musfti Thursday released a man accused of uploading malicious material against the President Asif Ali Zardari and hacking a local website after the Supreme Court (SC) of Pakistan granted him bail. The trial court adjourned the case till July 8, ordering and the Federal Investigation Agency (FIA) Cyber Crime Unit (CCU) to release the accused. A First Information Report (FIR) vide 18/ 10 was lodged against the accused on 05-12-2010 under section 36, 37 ETO 2002.
According to FIA enquiry No Re-72/10 initiated on the report of Muhammad Naseem, Principle Investigator FIA/NR3C, F-11/2, Islamabad, it has been transpired that ADIL/Th3-penetrator (username) by using IPs 119.153.51.218 and 203.99.173.71 defaced the website (www.president-of-pakistan.com) and uploaded material defaming the President and the country. The subscriber information provided by PTCL against the aforementioned IPs is Shahbaz Khan, a resident of Pindi Ghep. A case was registered on prima facie evidence under sections 36 and 37 of ETO against the username" ADiL/Th3-penetrator" and aforesaid IPs with the permission of the competent authority.
FIA on 05-12-2010 constituted a raiding team consisting of Senior Investigator (Technical) Fakhar-uWslam, Sub Inspector Fazal Maabood, and Constable Wasif Waseem Shah. The team raided the Shop No. 11, National Market Pindi Gheb No.0572352777 and arrested the accused Shahbaz Khan.
The defense counsel submitted a bail application to the SC few days back. He argued there was nothing on record proving his client guilty of the crime. Subsequently, Justice Nasirul Mulk accepted the bail petition.
The Justice said in his order that having heard both the counsels and gone through the record, "we are inclined to grant bail to the alleged person on the grounds that he is of 22 years of age and the maximum sentence for the offence is seven-year imprisonment and there are no exceptional circumstances to decline bail when the offence does not fall within prohibitory clause of section 497 CrPC".
Khan, during probe, owned up that ADIL/Th3-penetrator was his usernames and had logged in several times by it. CPU, DSL Modem, and other equipment used in commission of the crime were seized. According to FIA investigation, the accused disclosed that (www.president-of-pakistan.com) was hacked by some international hackers and they themselves uploaded obnoxious material and remarks. Khan claimed that he had just added the following lines on the said website "THIS SITE GOT HACKED BY ADIL WHERE IS YOUR SECURITY? HUH DON'T TELL ME TO STOP!" THANKS 2= FBI, MASTERMIND, SALMAN, EJA2SALAM PK, CODE5, SHER, SAIF".
A bail petition by the accused had been disposed by the Islamabad High court. The SC accepted the bail plea on furnishing bail bonds in the sum of Rs 2, 00,000/ with two sureties each of the same amounts to the trial court. The SC referred the bail petition order to District Court, following which Additional Session Judge Kamran Bashrat Musfti Thursday ordered FIA CCU to release the accused and adjourned the case till July 8.ECe
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