A Review Of case laws on bail
A Review Of case laws on bail
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III) While in the Variation in the father of deceased namely Muhammad Iqbal (complainant of second Edition) fatal injury was attributed to Allah Ditta son of Haqnawaz and role attributed towards the petitioner and others was simple presence with aerial firing without any injury to deceased or PWs.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative on the legislation laid down through the Supreme Court inside the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority in the parent department from the petitioner and the Chief Secretary, Sindh, are liable to release the pensionary amount of the petitioner and pay back the pension amount and other ancillary benefits to your petitioner to which He's entitled under the legislation within two months from the date of receipt of this order. The competent authority with the respondent is also directed to recalculate the pensionary benefits from the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
V) During investigation, the Investigating Officer concluded that fire-arm injury which was fatal on the deceased was caused by the petitioner but in support of opinion from the Investigating Officer no iota of evidence is on the market about the file and mere ipsi dixit of police will not be binding to the Court.
maintaining the conviction awarded towards the appellant reduce the sentence on the appellant from imprisonment for life to at least one already undergone(Pakistan Penal Code)
3. I have listened to the uncovered counsel for that parties and have gone through the record of this case with their in a position assistance.
Reasonable grounds are offered over the record to connect the petitioner with the commission of your alleged offence. However punishment on the alleged offence does not slide in the prohibitory clause of Section 497, Cr.P.C. yet acquired Deputy Prosecutor General apprises that another case of similar nature arising away from FIR No. 1250/2024 dated 10.05.2024 registered under Section 489-File, PPC at Police Station Haji Pura, District Sialkot is in the credit of the petitioner as accused, therefore, case with the petitioner falls within the exception where bail cannot be granted even inside the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, assistance continues to be sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion of the same is hereby reproduced:
be recognized without an iota of doubt in all other jurisdictions) will be inferred. This is usually a horrifying reality, an incredibly reduced threshold for an offence that carries capital punishment.
Some pluralist systems, for example Scots legislation in Scotland and types of civil regulation jurisdictions in Quebec and Louisiana, never precisely in shape into the dual common-civil regulation system classifications. These types of systems might have been greatly influenced via the Anglo-American common legislation tradition; however, their substantive regulation is firmly rooted in the civil legislation tradition.
13. The Supreme Court has held that as soon as the act of misconduct is recognized along with the employee is found guilty after owing process of regulation, it is the prerogative of your employer to decide the quantum of punishment, outside of the assorted penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed is not proportionate with the seriousness on the act of misconduct isn't satisfactory more info however the order must show that the competent authority has applied its mind and exercised the discretion in a structured and lawful method. Read more
Therefore, this petition is found to be not maintainable and it is dismissed along with the pending application(s), and also the petitioners may possibly seek out remedies through the civil court process as discussed supra. Read more
Finally, a vital contribution of this case which was accepted for consideration with the Court under Article 184 (3), has become setting a precedent which allows for much simpler access for the public to strategy the superior courts and the subordinate courts on environment related issues.
, 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 over the same sort of case.
A lessen court may well not rule against a binding precedent, even if it feels that it really is unjust; it may well only express the hope that a higher court or the legislature will reform the rule in question. When the court believes that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the law evolve, it could both hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of your cases; some jurisdictions allow for just a judge to recommend that an appeal be carried out.
P.C. for grant of post arrest bail should also be dismissed. Suffice is to look at that that considerations for pre- arrest and post-arrest bail are fully different. Reliance in this regard is placed on case law titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it's been held by the august Supreme Court of Pakistan as under:--