seventy seven . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 of the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
“The evidence regarding wajtakkar and extra-judicial confession being relied upon by the prosecution against the petitioner and his over mentioned co-accused namely Hussain Bakhsh has already been opined through the Lahore High Court, Lahore in its order dated two-12-2010 passed in Criminal Miscellaneous No.
In this landmark case, the Supreme Court commuted the death sentence to life imprisonment about the grounds of extenuating circumstances. The court acknowledged that while the crime of murder was proven, the offender had a history of mental illness, which played a significant role in committing the offense. This case set a precedent for taking into consideration mitigating factors during sentencing.
Some bodies are provided statutory powers to issue direction with persuasive authority or similar statutory effect, like the Highway Code.
It is now effectively-settled that considerations for pre-arrest and post-arrest bail are entirely different, therefore, in our view the learned Judge experienced fallen in error to cancel the bail allowed to petitioner via the same Additional Sessions Judge.”
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 here ہے؟
If a sufferer is shot at point-blank selection, it may well still be fair to infer that the accused intended death. However, that is not always the case.
6. Mere involvement inside of a heinous offence is no ground for refusing bail to an accused who otherwise becomes entitled to the concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, considering the fact that then He's behind the bars, he is previous non-convict, never involved in almost any case, investigation qua him is complete, his person is not any more expected for further investigation, therefore, his steady incarceration would not serve any useful purpose at this stage.
13. The Supreme Court has held that once the act of misconduct is recognized along with the employee is found guilty after due process of legislation, it's the prerogative in the employer to decide the quantum of punishment, out of the assorted penalties provided in law. The casual or unpremeditated observation that the penalty imposed is just not proportionate with the seriousness from the act of misconduct isn't ample nevertheless the order must show that the competent authority has applied its mind and exercised the discretion within a structured and lawful manner. Read more
When the petitioner is just present in the place of prevalence without causing any injury into the deceased or PWs then in such circumstances, whether He's vicariously liable shall be decided because of the figured out trial Court after recording of your evidence.
How much sway case legislation holds may differ by jurisdiction, and by the exact circumstances on the current case. To discover this concept, consider the following case legislation definition.
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؟
P.C. for grant of post arrest bail should also be dismissed. Suffice is to observe that that considerations for pre- arrest and post-arrest bail are entirely different. Reliance in this regard is placed on case regulation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it's been held through the august Supreme Court of Pakistan as under:--