consular immunity from arrest case laws for Dummies
consular immunity from arrest case laws for Dummies
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Therefore, if the intent to cause injury is proven and it really is further proven that while in the ordinary course of nature, that injury would end in death, that matter has become objective plus the intention to kill (the main aspect that must
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four. It has been noticed by this Court that there is really a delay of one day within the registration of FIR which has not been explained because of the complainant. Moreover, there isn't any eye-witness of your alleged event as well as prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession in the petitioners has been tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of these namely Ghulam Dastigir and Mohammad Akram transpired to become the real brothers in the deceased but they didn't react in the least on the confessional statements with the petitioners and calmly saw them leaving, just one 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 is not any explanation as to why her arrest was not effected after making with the alleged extra judicial confession. It has been held on so many situations that extra judicial confession of an accused is actually a weak variety of evidence which could possibly be manoeuvred from the prosecution in almost 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 existence of some light in the place, where they allegedly noticed the petitioners collectively with a motorcycle at 4.
This unfortunate ambiguity results inside the law regarding murder and manslaughter for being repugnant with Each individual other.
“Making sure the precision of legal information is paramount,” says Barrister Ayesha Khan, a leading legal expert in Lahore. “Cross-referencing information from multiple highly regarded sources is essential for reliable legal research.”
Reasonable grounds can be obtained to the record to attach the petitioner with the commission in the alleged offence. Nevertheless punishment with the alleged offence does not tumble inside the prohibitory clause of Section 497, Cr.P.C. yet realized Deputy Prosecutor General apprises that another case of similar nature arising from FIR No. 1250/2024 dated 10.05.2024 registered under Section 489-F, PPC at Police Station Haji Pura, District Sialkot is while in the credit of your petitioner as accused, therefore, case from the 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, direction has actually been sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion in the same is hereby reproduced:
ninety six . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It really is perfectly-settled that while considering the case of regular promotion of civil servants, the competent authority should look at the advantage of all of the qualified candidates and after owing deliberations, to grant promotion to these eligible candidates who will be found to become most meritorious among them. Considering that the petitioner was held to be senior to his colleagues who were promoted in BS-19, the petitioner was disregarded via the respondent department just to increase favor into the blue-eyed candidate based on OPS, which is apathy over the part from the respondent department.
already been released from the jail completion of his term . Appeal dismissed on merits (Murder Trial)
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Therefore, this petition is found to be not maintainable and is also dismissed along with the pending application(s), as well as petitioners might seek remedies through the civil court process as discussed supra. Read more
Alternative Punishment: In certain cases, the court may perhaps have the discretion to award life imprisonment being an alternative to your death penalty. Life imprisonment involves the offender spending the remainder of their life powering bars without the possibility of parole or early release.
Post arrest bail Granted, U/S 302 PPC, charge of conspiracy and ent could not be proved Except if case is attempted(Bail Matters)
104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is nicely established now that the provision for proforma promotion is not alien or unfamiliar towards the civil servant service composition but it's already embedded in Fundamental Rule 17, wherein it really is lucidly enumerated that the appointing authority may perhaps if pleased that a civil servant who was entitled to become promoted from a particular date was, for no fault of his individual, wrongfully prevented from rendering service on the Federation/ province during the higher post, direct that this kind of civil servant shall be paid the arrears of pay back and allowances of this sort of higher post fraud case laws through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
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 from the august Supreme Court of Pakistan as under:--