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The court emphasised that in cases of intentional murder, the gravity on the offense demands the most stringent punishment, contemplating the sanctity of human life and deterrence for opportunity offenders.
This Court may interfere where the authority held the proceedings against the delinquent officer in a very fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding reached with the disciplinary authority is based on no evidence. In the event the summary or finding is like no reasonable person would have ever arrived at, the Court could interfere with the summary or the finding and mold the relief to really make it appropriate to your facts of each case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or the nature of punishment. Over the aforesaid proposition, we are fortified with the decision with the Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Statutory laws are those created by legislative bodies, such as Congress at both the federal and state levels. While this type of regulation strives to shape our society, supplying rules and guidelines, it would be impossible for virtually any legislative body to anticipate all situations and legal issues.
The explained recovery may be used, on the most, for corroboration of your main evidence, but by itself it cannot be a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of event. The claimed memo of pointation is irrelevant and inadmissible as almost nothing was discovered as a result of these pointation. The place of occurrence in addition to the place of throwing the dead body were already in the knowledge of witnesses just before their pointation because of the petitioners. Reliance can also be placed on case law titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it's been held by the august Supreme Court of Pakistan as under:
Reasonable grounds can be obtained within the record to connect the petitioner with the commission of the alleged offence. While punishment in the alleged offence does not fall while in the prohibitory clause of Section 497, Cr.P.C. nevertheless realized Deputy Prosecutor General apprises that another case of similar nature arising outside of read more FIR No. 1250/2024 dated ten.05.2024 registered under Section 489-F, PPC at Police Station Haji Pura, District Sialkot is while in the credit on the petitioner as accused, therefore, case from the petitioner falls inside the exception where bail cannot be granted even within the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, guidance has become sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion from the same is hereby reproduced:
In almost any society, the enforcement of regulation and order is essential to maintain peace and protect its citizens. One of several most serious crimes that can disrupt this harmony is murder. In Pakistan, Section 302 on the Pakistan Penal Code (PPC) deals with the punishment for murder, and its enforcement is essential to guarantee justice prevails.
Case regulation, also used interchangeably with common legislation, is really a law that is based on precedents, that is the judicial decisions from previous cases, somewhat than legislation based on constitutions, statutes, or regulations. Case law uses the detailed facts of the legal case that have been resolved by courts or similar tribunals.
This case has long been cited in a lot of subsequent judgments, particularly in cases involving constitutional law, judicial independence, and the rule of legislation.
Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses including self-defense, insanity, or accidental killing, which may perhaps result in reduced charges or acquittal.
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؟
Persuasive Authority – Prior court rulings that may very well be consulted in deciding a current case. It could be used to guide the court, but is just not binding precedent.
dismissed as not pressed and sentences awarded to your appellant in this case is altered into imprisonment, which appellant has already undergone.(Criminal Jail Appeal )