The best Side of case law 395 ppc acquittal
The best Side of case law 395 ppc acquittal
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However, within an effort to strike a balance between the rights of citizens along with the plans that are executed through the authorities to the welfare, financial progress and prosperity from the nation, the Court didn't generate a definitive ruling within the pending construction of the grid station, but, with the consent of both parties, ordered a review and report of grid project with the National Engineering Services of Pakistan (NESPAK) to propose alterations and location alternatives.
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؟
In this landmark case, the Supreme Court commuted the death sentence to life imprisonment over the grounds of extenuating circumstances. The court acknowledged that whilst the crime of murder was established, the offender experienced a history of mental illness, which played a significant role in committing the offense. This case set a precedent for thinking of mitigating factors during sentencing.
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؟
R.O, Office, Gujranwala and the police officials didn't inform him that the identification parade with the accused hasn't been conducted still. In the moment case, now the accused attempted to take advantage of This system aired by SAMAA News, wherein the picture with the petitioner was widely circulated. The police should not have exposed the identity of the accused through electronic media. The regulation lends assurance for 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 created pictures. Other than, the images shown about the media reveal that a mask wasn't placed over the accused to cover his identity until finally he was set up for an identification parade. Making photographs of your accused publically, both by showing the same towards the witness or by publicizing the same in almost any newspaper or system, would create doubt during the proceedings from the identification parade. The Investigating Officer has to be sure that there isn't any likelihood for the witness to see the accused before going for the identification parade. The accused should not be shown for the witness in person or through any other method, i.e., photograph, video-graph, or perhaps the press or electronic media. Specified the reasons elaborated above, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(2), Cr.P.C.
Reasonable grounds can be found about the record to attach the petitioner with the commission of your alleged offence. Though punishment from the alleged offence does not fall within the prohibitory clause of Section 497, Cr.P.C. still acquired 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-File, PPC at Police Station Haji Pura, District Sialkot is during the credit of your petitioner as accused, therefore, case of your petitioner falls while in 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, guidance has long been sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion with the same is hereby reproduced:
Petitioner possessing been declared an absconder in this case for over just one and also a 50 percent year generates the apprehension that the petitioner may possibly avoid standing trial and consequently delay the prosecution on the case. The material on record makes the case with the petitioner falls under two exceptions towards the rule of grant of bail as mentioned over.
already been released from the jail completion of his term . Appeal dismissed on merits (Murder Trial)
9. Needless to mention that any observations made in the above mentioned order are tentative in nature and shall not influence the trial Court.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 are on the view that the claim with the petitioners for retroactive regularization from their Original contract appointment and promotion thereon, from that angle is not really legally sound, Moreover promotion and seniority, not absolute rights, They can be issue to rules and regulations When the recruitment rules of the topic post permit the case on the petitioners for promotion might be regarded as, however, we have been crystal clear in our point of view that contractual service cannot be regarded as for seniority and promotion as being the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Exercise, issue to availability of vacancy matter into the approval of your competent authority.
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1. Judicial Independence: The court website emphasised the importance of judicial independence plus the separation of powers.
A reduced court may well not rule against a binding precedent, even if it feels that it is unjust; it may well only express the hope that a higher court or perhaps the legislature will reform the rule in question. If the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and needs to evade it and help the legislation evolve, it might both hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts from the cases; some jurisdictions allow for a judge to recommend that an appeal be completed.
These judicial interpretations are distinguished from statutory regulation, which are codes enacted by legislative bodies, and regulatory legislation, which are recognized by executive companies based on statutes.