5. Figured out Deputy Prosecutor General along with counsel for that complainant further argued that during the investigation of your case the petitioner Mst. Mubeena Bibi led to the recovery of sleeping supplements on 14.02.2018. The report of Punjab Forensic Science Agency, Lahore has become manufactured before the Court wherein the sleeping tablets were declared to be comprising “Alprazolam and Procyclidin” whereas “Diazepam” and “Chloroquin” were detected during the liver although not within the tummy. Consequently, the recovery of claimed sleeping tablets hardly connects the petitioner Mst. Mubeena Bibi with the crime complained of. Learned Deputy Prosecutor General in addition to counsel for that complainant have also argued that during the investigation of your case the petitioner Bhoora led towards the recovery of the motorcycle.
“The evidence regarding wajtakkar and extra-judicial confession being relied upon with the prosecution against the petitioner and his above mentioned co-accused namely Hussain Bakhsh has already been opined by the Lahore High Court, Lahore in its order dated two-twelve-2010 passed in Criminal Miscellaneous No.
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Rulings by courts of “lateral jurisdiction” aren't binding, but might be used as persuasive authority, which is to offer substance to the party’s argument, or to guide the present court.
R.O, Office, Gujranwala as well as police officials did not inform him that the identification parade from the accused has not been conducted but. In the instant case, now the accused tried to choose advantage of the program aired by SAMAA News, wherein the image on the petitioner was widely circulated. The police should not have uncovered the identity on the accused through electronic media. The regulation lends assurance into the accused that the identity should not be exposed to the witnesses, particularly for the witness to establish the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer set a mask over the accused to conceal their identity and manufactured photographs. Aside from, the images shown on the media reveal that a mask wasn't placed over the accused to cover his identity right up until he was place up for an identification parade. Making pictures on the accused publically, possibly by showing the same to the witness or by publicizing the same in almost any newspaper or software, would create doubt during the proceedings with the identification parade. The Investigating Officer has to make certain that there isn't any opportunity to the witness to begin to see the accused before going into the identification parade. The accused should not be shown to the witness in person or through any other manner, i.e., photograph, video-graph, or perhaps the push or electronic media. Presented the reasons elaborated over, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(2), Cr.P.C.
Article 27 in the Constitution does not only safeguard against discrimination in the time of appointment of service but after the appointment too. The disparity within the pay back scale allowances of Stenographers during the District Judiciary is in the very clear negation with the law laid down by the Supreme Court in its numerous pronouncements. Read more
Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice for that loss of the life. It allows the legal system to impose a proportional punishment about the offender, making certain They can be held accountable for their actions.
Any court may possibly request to distinguish the present case from that of the binding precedent, to achieve a different conclusion. The validity of such a distinction may or may not be accepted on appeal of that judgment into a click here higher court.
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Knowledge with the accused is really a matter being inferred from the circumstances, for it being a state of mind, is very difficult to become proved otherwise.”
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147 . Const. P. 479/2019 (D.B.) Waheed Akhtar V/S Fed. of Pakistan and Others Sindh High Court, Karachi The petition regarding the upgraded post and pay fixation are not entertainable with the reasons that this kind of matters are typically handled by administrative or service tribunals, and the legal grounds for this petition are inadequate as a result this petition is dismissed, which includes disputed claims and counterclaims on the topic post, therefore this court will not be inside a position to dilate upon this kind of disputes in constitutional jurisdiction. Read more
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 thoroughly 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 from the august Supreme Court of Pakistan as under:--