“There is not any ocular evidence to show that Muhammad Abbas was murdered by any from the present petitioners. Mere fact that Noor Muhammad and Muhammad Din saw firstly the deceased and after some distance they observed the petitioners going towards the same direction, did not indicate that the petitioners were chasing the deceased or were accompanying him. This sort of evidence cannot be treated as evidence of last witnessed.
کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟
116 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as set forth would not apply, since the criminal Court has not convicted the petitioner, alternatively he has long been acquitted of your criminal charges based on evidence and it is well-settled legislation that once the civil servant is acquitted during the criminal case, then on this incredibly charge he cannot be awarded in any punishment from the department and held him disqualified for your post because acquittal for all long term purposes. The aforesaid proposition is set at naught from the Supreme Court of Pakistan from the case in the District Police Officer Mainwali and a couple of others v.
Ordinarily, the burden rests with litigants to appeal rulings (which includes People in apparent violation of founded case regulation) towards the higher courts. If a judge acts against precedent, and the case is just not appealed, the decision will stand.
three. I have listened to the discovered counsel with the parties and have absent through the record of this case with their capable assistance.
Reasonable grounds can be obtained on the record to connect the petitioner with the commission in the alleged offence. However punishment with the alleged offence does not tumble in the prohibitory clause of Section 497, Cr.P.C. nevertheless realized Deputy Prosecutor General apprises that another case of similar nature arising away from FIR No. 1250/2024 dated ten.05.2024 registered under Section 489-File, PPC at Police Station Haji Pura, District Sialkot is during the credit of the petitioner as accused, therefore, case from the petitioner falls while in the exception where bail cannot be granted even from the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, steerage continues to be sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion in the same is hereby reproduced:
Free case law sites in Pakistan are a must have resources for anybody needing to understand Pakistani legislation. By using the guidelines and techniques outlined in this article, you could navigate these resources effectively and conduct complete legal research.
six. Mere involvement in the heinous offence is not any ground for refusing bail to an accused who otherwise becomes entitled with the concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, since then he is behind the bars, he is previous non-convict, never involved in any case, investigation qua him is complete, his person isn't any more expected for further investigation, therefore, his constant incarceration would not serve any valuable purpose at this stage.
Accessing free case law sites in Pakistan is essential for legal professionals, students, and anyone seeking to understand Pakistani legal precedents.
While many websites offer free case regulation, not all are equally reliable. It’s important to evaluate the credibility of your source before relying on the information.
Case legislation, also known as precedent, forms the foundation of your Pakistani legal system. Understanding relevant judgments and rulings is crucial for interpreting statutes and predicting legal outcomes. Free access to these resources democratizes legal knowledge, empowering citizens and promoting transparency.
[3] For example, in England, the High Court as well as the Court of Appeals are Each and every bound by their possess previous decisions, however, For the reason that Practice Statement 1966 the Supreme Court on the United Kingdom can deviate from its earlier decisions, Even though in practice it almost never does. A notable example of when the court has overturned its precedent is the case of R v Jogee, where the Supreme Court of the United Kingdom ruled that it plus the other courts of England and Wales experienced misapplied the regulation for approximately thirty years.
104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It really is nicely established now that the provision for proforma promotion is not really alien or unfamiliar on the civil servant service construction but it is already embedded in Fundamental Rule seventeen, wherein it really is lucidly enumerated that the appointing authority may perhaps if glad 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 for the Federation/ province within the higher post, direct that such civil servant shall be paid the arrears of fork out and allowances of such higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
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