A Review Of case laws on bail
A Review Of case laws on bail
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When the punishment can be severe, its purpose will not be solely to hunt vengeance but to discourage possible offenders and copyright the principles of justice and social order.
four. Record shows that the petitioner continues to be 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 All those cases, it does, prima facie, set up that the petitioner is at risk of repeating the offence.
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لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
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Petitioner getting been declared an absconder in this case for over a single as well as a half year generates the apprehension that the petitioner may possibly avoid standing trial and as a result delay the prosecution from the case. The material on record makes the case with the petitioner falls under two exceptions into the rule of grant of bail as mentioned higher than.
6. Mere involvement in a very heinous offence isn't any ground for refusing bail to an accused who otherwise becomes entitled for your concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, due to the fact then He's behind the bars, he is previous non-convict, never involved in any case, investigation qua him is complete, his person isn't any more essential for further investigation, therefore, his constant incarceration would not serve any valuable purpose at this stage.
after release from the prison he dropped interest to contest the moment appeal , appeal is dismissed (Criminal Jail Appeal )
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-223999 Tag:Given the legal analysis on the topic issue, we have been of the view that the claim from the petitioners for retroactive regularization from their Original contract appointment and promotion thereon, from that angle is not really legally audio, Apart from promotion and seniority, not absolute rights, they are issue to rules and regulations When the recruitment rules of the subject post allow the case of the petitioners read more for promotion might be regarded as, however, we have been very clear inside our point of view that contractual service cannot be deemed for seniority and promotion as the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum fitness, subject matter to availability of vacancy issue to the approval of the competent authority.
Criminal cases Inside the common legislation tradition, courts decide the legislation applicable to the case by interpreting statutes and implementing precedents which record how and why prior cases have been decided. Unlike most civil regulation systems, common legislation systems Keep to the doctrine of stare decisis, by which most courts are bound by their individual previous decisions in similar cases. According to stare decisis, all decrease courts should make decisions consistent with the previous decisions of higher courts.
this Court is still left with no option but to direct the respondents to inform the promotion on the petitioner in next rank .(Promotion)
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, along with the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release as being a legally acknowledged conviction. Read more
Pakistan’s legal system just isn't without flaws: overhauling is overdue along with the law regarding murder needs significant reconsideration and clarification. To the time being, the minimum that can be achieved is to ensure that the First Investigation Report (FIR) is registered with honesty and after properly ascertaining the facts.