77 . 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 instant Petition under Article 199 of the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from 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 earlier mentioned mentioned co-accused namely Hussain Bakhsh has already been opined with the Lahore High Court, Lahore in its order dated two-12-2010 passed in Criminal Miscellaneous No.
four. It's been noticed by this Court that there is actually a delay of one day from the registration of FIR which hasn't been explained via the complainant. Moreover, there isn't any eye-witness of the alleged occurrence and also the prosecution is relying on the witnesses of extra judicial confession. The evidence of extra judicial confession with the petitioners is tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of them namely Ghulam Dastigir and Mohammad Akram transpired to get the real brothers of your deceased but they did not react in the slightest degree to your confessional statements from the petitioners and calmly noticed them leaving, 1 after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not glance much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there isn't any explanation regarding why her arrest was not effected after making from the alleged extra judicial confession. It's been held on so many events that extra judicial confession of the accused is really a weak form of evidence which may very well be manoeuvred by the prosecution in any case where direct connecting evidence does not appear their way. The prosecution is usually relying on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal did not say a word as to presence of some light with the place, where they allegedly saw the petitioners alongside one another on the motorcycle at four.
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long period petitioner was not considered for promotion, meeting of the departmental promotion committee and think about the petitioner (Promotion)
Reasonable grounds are available to the record to connect the petitioner with the commission in the alleged offence. Although punishment in the alleged offence does not fall from the prohibitory clause of Section 497, Cr.P.C. but discovered Deputy Prosecutor General apprises that another case of similar nature arising out of FIR No. 1250/2024 dated ten.05.2024 registered under Section 489-F, PPC at Police Station Haji Pura, District Sialkot is in the credit in the petitioner as accused, therefore, case from 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 has become 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:
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In fact, this provision nullifies the difference between manslaughter and murder. Section 318 with the Pakistan Penal Code 1860 defines Qatl-i-khata (manslaughter) as “Whoever, without intention to cause the death of or cause harm to some person causes death of such person, both by mistake of act or by mistake of fact is said to commit qatl-i-khata.”
In federal or multi-jurisdictional regulation systems there may possibly exist conflicts between the various reduce appellate courts. Sometimes these differences may not be resolved, and it could be necessary to distinguish how the law is applied in one district, province, division or appellate department.
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The appellate court determined that the trial court had not erred in its decision to allow more time for information to get gathered from the parties – specifically regarding the issue of absolute immunity.
This article delves into the intricacies from the recent amendment, accompanied by relevant case legislation, to deliver a comprehensive understanding of its implications and realistic applications.
The latest amendment to this section signifies the legislature’s dedication to maximizing the effectiveness with the legislation in tackling contemporary challenges related to counterfeiting.
14. Inside the light of your position explained higher than, it can be concluded that a civil servant contains a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be deemed for no fault of his very own and meanwhile he retired on attaining the age of superannuation without website any shortcoming on his part about deficiency in the duration of service or from the form of inquiry and departmental action was so taken against his right of promotion. Read more