Getting My case laws 506 b ppc pre arrest bail To Work
Getting My case laws 506 b ppc pre arrest bail To Work
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Taking somebody’s life is often a heinous crime that devastates people, communities, and society as a whole. The severe punishment serves as being a deterrent to prospective offenders and seeks to copyright the sanctity of human life.
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming towards the main case, It's also a nicely-proven proposition of legislation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence inside the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is subject towards the procedure provided under the relevant rules rather than otherwise, for that reason that the Court in its power of judicial review does not act as appellate authority to re-value the evidence and to arrive at its independent findings on the evidence.
V) During investigation, the Investigating Officer concluded that hearth-arm injury which was fatal on the deceased was caused via the petitioner but in support of opinion from the Investigating Officer no iota of evidence is offered over the file and mere ipsi dixit of police is not binding over the Court.
twelve. There isn't any denial from the fact that in Government service it is expected that the persons having their character earlier mentioned board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents can be a condition precedent for appointment to the Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed into a Government service is definitely the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to carry out absent with the candidature from the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 133 Order Date: 15-JAN-25 Approved for Reporting WhatsApp
record on the department there isn't any record readily available whatsoever regarding promotion with the petitioner(Promotion)
Reasonable grounds are available to the record to connect the petitioner with the commission in the alleged offence. Though punishment of the alleged offence does not slide within the prohibitory clause of Section 497, Cr.P.C. however acquired Deputy Prosecutor General apprises that another case of similar nature arising away from FIR No. 1250/2024 dated ten.05.2024 registered under Section 489-File, PPC at Police Station Haji Pura, District Sialkot is from the credit from the petitioner as accused, therefore, case of the petitioner falls during 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, steerage continues to be 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:
96 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It truly is effectively-settled that whilst considering the case of normal promotion of civil servants, the competent authority needs to look at the benefit of all of the suitable candidates and after due deliberations, to grant promotion to these kinds of eligible candidates who're found being most meritorious among them. Since the petitioner was held to be senior to his colleagues who were promoted in BS-19, the petitioner was dismissed through the respondent department just to extend favor for the blue-eyed candidate based on OPS, which is apathy on the part in the respondent department.
6. Mere involvement inside of a heinous offence isn't any ground for refusing bail to an accused who otherwise becomes entitled with the concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, due to the fact then he is guiding the bars, he is previous non-convict, never involved in almost any case, investigation qua him is complete, his person isn't any more required for further investigation, therefore, his ongoing incarceration would not provide any effective purpose at this stage.
P.C. Liability of petitioners with the explained offences would be determined because of the figured out trial Court after sifting the evidentiary really worth in the material manufactured before the same. Till then, case of
If granted absolute immunity, the parties would not only be protected from liability in the matter, but couldn't be answerable in almost any way for their actions. When the court delayed making this kind of ruling, the defendants took their request check here to your appellate court.
How much sway case regulation holds may well change by jurisdiction, and by the precise circumstances with the current case. To discover this concept, take into account the following case law definition.
Regardless of its popularity, hardly any may perhaps be familiar with its intricacies. This article is surely an attempt to highlight the flaws of this section and also the particularly very low threshold that governs it.
In order to preserve a uniform enforcement in the laws, the legal system adheres towards the doctrine of stare decisis
competent authority has determined the eligibility of the private respondents and found them to generally be fit for promotion. CP dismissed(Promotion)