five. Acquired Deputy Prosecutor General along with counsel with the complainant further argued that during the investigation of the case the petitioner Mst. Mubeena Bibi led to the recovery of sleeping supplements on 14.02.2018. The report of Punjab Forensic Science Agency, Lahore has become created before the Court wherein the sleeping pills were declared to be comprising “Alprazolam and Procyclidin” whereas “Diazepam” and “Chloroquin” were detected inside the liver although not inside the belly. Hence, the recovery of said sleeping tablets hardly connects the petitioner Mst. Mubeena Bibi with the crime complained of. Learned Deputy Prosecutor General and counsel for that complainant have also argued that during the investigation of your case the petitioner Bhoora led on the recovery of the motorcycle.
one hundred and one . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject matter: Appeal At times it is easy for your Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation for making an attempt to get rid of a case on advantage and more importantly when after recording of evidence it's reached into a stage of final arguments, endeavors should be made for advantage disposal when it's attained these kinds of stage. Read more
V) During investigation, the Investigating Officer concluded that fire-arm injury which was fatal on the deceased was caused from the petitioner but in support of opinion in the Investigating Officer no iota of evidence is out there around the file and mere ipsi dixit of police isn't binding about the Court.
During the dynamic realm of legal statutes, amendments Perform a crucial role in adapting to evolving circumstances and strengthening the legal framework. 1 these kinds of notable amendment that has garnered attention is definitely the latest revision of Section 489-File on the Pakistan Penal Code (PPC).
The stated recovery may be used, within the most, for corroboration from the main evidence, but by itself it cannot certainly be a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of prevalence. The claimed memo of pointation is irrelevant and inadmissible as very little was discovered because of this sort of pointation. The place of prevalence plus the place of throwing the dead body were already from the knowledge of witnesses previous to their pointation with the petitioners. Reliance can be placed on case law titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it's been held via the august Supreme Court of Pakistan as under:
Reasonable grounds can be obtained on the record to attach the petitioner with the commission on the alleged offence. Although punishment from the alleged offence does not tumble within the prohibitory clause of Section 497, Cr.P.C. still uncovered Deputy Prosecutor General apprises that another case of similar nature arising from FIR No. 1250/2024 dated ten.05.2024 registered under Section 489-File, PPC at Police Station Haji Pura, District Sialkot is while in the credit on the petitioner as accused, therefore, case in the petitioner falls from the exception where bail cannot be granted even within the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, guidance is sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion of your same is hereby reproduced:
be set up without an iota of doubt in all other jurisdictions) will be inferred. This is really a horrifying reality, a particularly low threshold for an offence that carries capital punishment.
The issue Here's that an accused may perhaps say that they intended to injure the sufferer, but they didn't intend to get rid of them. In other words, they might claim that thedeath that resulted due to the accused’s attack was neither foreseeable nor meant.
after release from the prison he missing interest to contest the instant appeal , appeal is dismissed (Criminal Jail Appeal )
This public interest litigation came before the Supreme Court of Pakistan when petitioners challenged the construction of a close-by electricity grid station because of probable health risks and dangers.
The DCFS social worker in charge with the boy’s case had the boy made a ward of DCFS, As well as in her 6-thirty day period report towards the court, the worker elaborated to the boy’s sexual abuse history, and stated that she planned to maneuver him from a facility into a “more homelike setting.” The court approved her plan.
1. Judicial Independence: The court emphasised the importance of judicial independence and also the separation of powers.
104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is very well established now that the provision for proforma promotion is not really alien or unfamiliar to your civil servant service construction but it is already embedded in Fundamental Rule 17, wherein it is lucidly enumerated that the appointing authority may well if content that a civil servant who was entitled to become promoted from a particular date was, for no fault of his individual, wrongfully prevented from rendering service to your Federation/ province in the higher post, direct that these types of civil servant shall be paid the here arrears of pay back and allowances of such higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary to the determination on the current case are called obiter dicta, which constitute persuasive authority but will not be technically binding. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.[four]