“There isn't any ocular evidence to show that Muhammad Abbas was murdered by any of your present petitioners. Mere fact that Noor Muhammad and Muhammad Din noticed firstly the deceased and after far they saw the petitioners going towards the same direction, didn't mean that the petitioners were chasing the deceased or were accompanying him. These kinds of evidence cannot be treated as evidence of final observed.
Because of the recent amendment, the court imposed a more severe sentence than would have been possible under the previous version of your legislation.
4. Record shows that the petitioner has been booked in as much as eight criminal cases under the same offence with different complainants and involving sizable amounts of money. These cases span over the years 2018 to 2020 and three cases have been registered after the registration of the moment case. Though the petitioner has obtained bail in People cases, it does, prima facie, create that the petitioner is prone to repeating the offence.
This unfortunate ambiguity results inside the law regarding murder and manslaughter to generally be repugnant with Every single other.
R.O, Office, Gujranwala and also the police officials did not inform him that the identification parade in the accused has not been conducted nevertheless. In the instant case, now the accused attempted to choose advantage of the program aired by SAMAA News, wherein the picture on the petitioner was greatly circulated. The police should not have exposed the identity of your accused through electronic media. The regulation lends assurance to the accused that the identity should not be subjected to the witnesses, particularly for the witness to establish the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer put a mask over the accused to conceal their identity and developed photographs. Other than, the images shown over the media reveal that a mask wasn't placed over the accused to cover his identity until eventually he was set up for an identification parade. Making images in the accused publically, both by showing the same for the witness or by publicizing the same in almost any newspaper or software, would create doubt from the proceedings on the identification parade. The Investigating Officer has to be certain that there isn't any possibility to the witness to begin to see the accused before going to your identification parade. The accused should not be shown to your witness in person or through any other manner, i.e., photograph, video-graph, or even the press or electronic media. Presented the reasons elaborated higher than, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(two), Cr.P.C.
In this weblog post, we will delve into the details of Section 302 PPC, Checking out its provisions along with the gravity of its punishment.
96 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It really is effectively-settled that although thinking of the case of standard promotion of civil servants, the competent authority must look at the benefit of every one of the qualified candidates and after because of deliberations, to grant promotion to this kind of eligible candidates who are found to be most meritorious amongst them. Considering that the petitioner was held to generally be senior to his colleagues who were promoted in BS-19, the petitioner was ignored via the respondent department just to extend favor into the blue-eyed candidate based on OPS, which is apathy over the part of your respondent department.
6. Mere involvement within a heinous offence is not any ground for refusing bail to an accused who otherwise becomes entitled for the concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, given that then He's guiding the bars, he is previous non-convict, never involved in almost any case, investigation qua him is complete, his person is not any more essential for further investigation, therefore, his continuous incarceration would not serve any useful purpose at this stage.
13. The Supreme Court has held that as soon as the act of misconduct is founded and also the employee is found guilty after because of process of regulation, it is the prerogative of the employer to decide the quantum of punishment, out of the different penalties provided in law. The casual or unpremeditated observation that the penalty imposed is not really proportionate with the seriousness in the act of misconduct is not enough though the order must show that the competent authority has applied its mind and exercised the discretion within a structured and lawful method. Read more
This public interest litigation came before the Supreme Court of Pakistan when petitioners challenged the construction of a nearby electricity grid station due to likely health risks and hazards.
The appellate court determined that the trial court experienced not erred in its decision to allow more time for information to get gathered through the parties – specifically regarding the issue of absolute immunity.
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling about the same form of case.
In addition it addresses the limitation period under Article 91 and 120 with the Limitation Act, focusing on when plaintiff to hunt cancellation. The importance of deciding application under Order VII Rule 11 CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more
P.C. for grant of post arrest bail should even get more info be dismissed. Suffice is to watch that that considerations for pre- arrest and post-arrest bail are thoroughly different. Reliance in this regard is placed on case law titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it has been held through the august Supreme Court of Pakistan as under:--