The Basic Principles Of what is the purpose of case law
The Basic Principles Of what is the purpose of case law
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When the punishment could possibly be severe, its purpose is not really solely to hunt vengeance but to prevent potential offenders and copyright the principles of justice and social order.
four. It has been noticed by this Court that there is actually a delay of in the future during the registration of FIR which has not been explained with the complainant. Moreover, there is not any eye-witness from the alleged incidence as well as prosecution is relying on the witnesses of extra judicial confession. The evidence of extra judicial confession from the petitioners has long been 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 happened being the real brothers of your deceased but they did not react in any way for the confessional statements with the petitioners and calmly noticed them leaving, a single 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 seem much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there is not any explanation as to why her arrest was not effected after making with the alleged extra judicial confession. It's been held on numerous instances that extra judicial confession of an accused can be a weak kind of evidence which can be manoeuvred from the prosecution in any case where direct connecting evidence does not occur their way. The prosecution is likewise 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 with the place, where they allegedly noticed the petitioners together with a motorcycle at 4.
This unfortunate ambiguity results from the regulation regarding murder and manslaughter to get repugnant with Just about every other.
Now it is very well-settled that considerations for pre-arrest and post-arrest bail are thoroughly different, therefore, in our view the acquired Judge had fallen in error to cancel the bail allowed to petitioner with the same Additional Sessions Judge.”
Reasonable grounds can be obtained around the record to connect the read more petitioner with the commission from the alleged offence. Even though punishment with the alleged offence does not tumble in the prohibitory clause of Section 497, Cr.P.C. nevertheless realized 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 from the credit on the petitioner as accused, therefore, case on the petitioner falls inside the exception where bail cannot be granted even inside the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, steering is 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:
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Offered the legal analysis on the subject issue, we've been of your view that the claim on the petitioners for retroactive regularization from their Preliminary contract appointment and promotion thereon, from that angle just isn't legally sound, besides promotion and seniority, not absolute rights, They may be topic to rules and regulations When the recruitment rules of the topic post allow the case on the petitioners for promotion might be thought of, however, we have been very clear inside our point of view that contractual service cannot be thought of for seniority and promotion as the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Conditioning, subject to availability of vacancy topic for the approval of the competent authority. Read more
Binding Precedent – A rule or principle recognized by a court, which other courts are obligated to follow.
after release from the prison he shed interest to contest the instant appeal , appeal is dismissed (Criminal Jail Appeal )
This case has long been cited in several subsequent judgments, particularly in cases involving constitutional legislation, judicial independence, along with the rule of regulation.
Online access to some statewide search of adult criminal case information within the juvenile & domestic relations district courts, criminal and traffic case information in general district courts and choose circuit courts. Note: Payments cannot be made using this system.
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؟
13309-B of 2010 to get weak types of evidence along with the evidentiary value whereof would be witnessed with the time on the trial. The investigation of this case has already been finalized and, As a result, confirmed custody of your petitioner in jail is not going to serve any helpful purpose at this stage.”
The residents argued that the high-voltage grid station would pose a health risk and potential hazard to local residents. In the long run, the court determined the scientific evidence inconclusive, although observing the general development supports that electromagnetic fields have adverse effects on human health. The Court accepted the petitioner’s argument that it should adopt the precautionary principle established out within the 1992 Rio Declaration over the Environment and Improvement, the first international instrument that linked environment protection with human rights, whereby The dearth of full scientific certainty should not be used like a reason to prevent environmental degradation.