The best Side of case law 395 ppc acquittal
The best Side of case law 395 ppc acquittal
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refers to the landmark case decided with the Supreme Court of Pakistan in 2012. Below’s a brief overview:
Its enforcement with the provision of capital punishment or life imprisonment underscores the value of human life along with the importance of maintaining legislation and order in society.
V) During investigation, the Investigating Officer concluded that hearth-arm injury which was fatal for the deceased was caused through the petitioner but in support of opinion in the Investigating Officer no iota of evidence is accessible about the file and mere ipsi dixit of police just isn't binding within the Court.
competent authority and if any appeal or representation is filed the same shall be decided(Promotion)
R.O, Office, Gujranwala plus the police officials didn't inform him that the identification parade from the accused has not been conducted however. In the moment case, now the accused made an effort to get advantage of the program aired by SAMAA News, wherein the image with the petitioner was widely circulated. The police should not have exposed the identity from the accused through electronic media. The regulation lends assurance towards the accused that the identity should not be subjected to the witnesses, particularly to the witness to detect the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer place a mask over the accused to conceal their identity and generated photographs. Moreover, the images shown on the media expose that a mask was not placed over the accused to hide his identity until he was place up for an identification parade. Making images of your accused publically, both by showing the same towards the witness or by publicizing the same in any newspaper or method, would create doubt inside the proceedings on the identification parade. The Investigating Officer has to make certain that there is not any possibility for the witness to begin to see the accused before going to your identification parade. The accused should not be shown into the witness in person or through any other method, i.e., photograph, video-graph, or perhaps the push or electronic media. Supplied the reasons elaborated earlier mentioned, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(two), Cr.P.C.
Reasonable grounds are available on the record to attach the petitioner with the commission of your alleged offence. While punishment in the alleged offence does not fall while in the prohibitory clause of Section 497, Cr.P.C. still realized Deputy Prosecutor General apprises that another case of similar nature arising out of FIR No. 1250/2024 dated 10.05.2024 registered under Section 489-F, PPC at Police Station Haji Pura, District Sialkot is during the credit with the petitioner as accused, therefore, case of the petitioner falls inside the exception where bail cannot be granted even in the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, assistance is sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion from the same is hereby reproduced:
Following the decision, NESPAK, as directed, conducted an assessment from the grid project and submitted that adequate mitigation measures were in place to render any opportunity adverse impacts negligible. Based on this, the grid station was permitted to get crafted.
Binding Precedent – A rule or principle set up by a court, which other courts are obligated to abide by.
P.C. Liability of petitioners with the said offences would be determined from the realized trial Court after sifting the evidentiary worthy of on the material generated before the same. Till then, case of
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-223999 Tag:Presented the legal analysis on the topic issue, we're on the view that the claim in the petitioners for retroactive regularization from their initial contract appointment and promotion thereon, from that angle just isn't legally seem, besides promotion and seniority, not absolute rights, They can be subject matter to rules and regulations if the recruitment rules of the subject post allow the case of your petitioners for promotion can be considered, however, we're obvious within our point of view that contractual service cannot get more info be deemed for seniority and promotion since the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Exercise, subject to availability of vacancy subject to the approval from the competent authority.
Preserving Social Order: By imposing strict penalties for murder, Section 302 PPC reinforces the principle of social order and steadiness. It demonstrates the commitment from the state to protect its citizens and copyright the rule of law.
This article delves into the intricacies from the recent amendment, accompanied by relevant case regulation, to deliver an extensive understanding of its implications and realistic applications.
P.C. for grant of post arrest bail should even be dismissed. Suffice is to watch that that considerations for pre- arrest and post-arrest bail are fully 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 from the august Supreme Court of Pakistan as under:--