“There is no ocular evidence to show that Muhammad Abbas was murdered by any of your present petitioners. Mere fact that Noor Muhammad and Muhammad Din saw firstly the deceased and after a ways they noticed the petitioners going towards the same direction, didn't imply that the petitioners were chasing the deceased or were accompanying him. These kinds of evidence cannot be treated as evidence of last noticed.
۔۔۔۔واقعاتی شہادت فوجداری قانون مین درجہ بندی کے لھاظ سے کمزور حیثیت رکھتی ہے۔۔۔ جب تک واقعاتی شہادت کی تمام کڑیاں اس طریقے سے فراہم نہ کی گءی ہوں کہ ایک متواتر زنجیر کی شکل اختیار کرے اور مقتول اور قاتل کے درمیان نہ ٹوٹنے والا سلسلہ قاءم کرے تب تک سزاےموت یا تعزیری سزا /عمر قید کسی کو دینا انصاف کے اصولوں کے منافی ہے۔
4. Record shows that the petitioner has long been booked in as much as 8 criminal cases under the same offence with different complainants and involving sizable amounts of money. These cases span over the years 2018 to 2020 and three cases have been registered after the registration of the instant case. While the petitioner has obtained bail in Those people cases, it does, prima facie, create that the petitioner is at risk of repeating the offence.
12. There is not any denial from the fact that in Government service it is predicted that the persons obtaining their character previously mentioned board, free from any moral stigma, are to be inducted. Verification of character and antecedents is often a condition precedent for appointment into a Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to a Government service may be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to accomplish absent with the candidature on the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 133 Order Date: 15-JAN-twenty five Approved for Reporting WhatsApp
The explained recovery may very well be used, within the most, for corroboration of your main evidence, but by itself it cannot certainly be a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of occurrence. The claimed memo of pointation is irrelevant and inadmissible as nothing at all was discovered because more info of these kinds of pointation. The place of prevalence and also the place of throwing the dead body were already from the knowledge of witnesses just before their pointation via the petitioners. Reliance is also placed on case law titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it has been held because of the august Supreme Court of Pakistan as under:
It allows individuals to research legal issues, understand their rights, and prepare for legal proceedings. This access is particularly important in Pakistan, where legal support could be highly-priced and challenging to obtain.
Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice for the loss of a life. It allows the legal system to impose a proportional punishment around the offender, making sure They're held accountable for their actions.
There are many occasions where death was never intended – even more where Individuals nominated while in the FIR were not present when the injury or death occurred. The death of a human being is really a tragic event. Nevertheless the death of any dwelling being is not any less a tragic event.
13. The Supreme Court has held that once the act of misconduct is set up as well as employee is found guilty after due process of legislation, it's the prerogative in the employer to decide the quantum of punishment, outside of the varied penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed isn't proportionate with the seriousness of your act of misconduct isn't enough however the order must show that the competent authority has applied its mind and exercised the discretion in the structured and lawful way. Read more
acquitted the appellants from every one of the charges therefore the same is dismissed being infructuous. (Criminal Revision )
The DCFS social worker in charge of the boy’s case experienced the boy made a ward of DCFS, and in her 6-month report towards the court, the worker elaborated over the boy’s sexual abuse history, and stated that she planned to maneuver him from a facility into a “more homelike setting.” The court approved her plan.
Generally speaking, higher courts tend not to have direct oversight over the reduced courts of record, in that they cannot achieve out on their initiative (sua sponte) at any time to overrule judgments with the reduce courts.
90 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is usually important to note that neither seniority nor promotion may be the vested right of the civil servant, therefore, neither any seniority nor any promotion might be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular duration of service for getting entitled to become considered for promotion to a higher grade, of course, is just not without logic as being the officer that is in the beginning inducted into a particular post needs to provide to the stated post to gain experience to hold the next higher post and to serve the public within a befitting fashion.
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 absolutely different. Reliance in this regard is placed on case regulation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it has been held through the august Supreme Court of Pakistan as under:--