Lawyers in Islamabad

  PLJ 2026 Cr.C. (Note) 172 [Sindh High Court, Karachi] Present: Amjad Ali Sahito, J. Syed MUHAMMAD KHURRAM--Applicant versus STATE--Respondent Crl. B. Appln. No. 418 of 2024, decided on 23.7.2024. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, 1860 (XLV of 1860), S. 489-F--Pre-arrest bail, dismissal of--Allegation of--Dishonoured of cheque--The concession of pre-arrest bail cannot be allowed to an accused person unless Court feels satisfied with seriousness of accused person’s assertion regarding his intended arrest being actuated by mala fide on part of complainant party or local police but not a word about this crucial aspect of matter is found as no mala fide is made on part of complainant to believe that applicant/accused has been implicated in this case falsely--Bail dismissed.                            ...

PLJ 2023 Islamabad (Note) 98 Present:  Lubna Saleem Pervez, J. Sheikh  MUHAMMAD NADEEM--Petitioner versus STATE and another--Respondents W.P. No. 2234-Q of 2019, decided on 29.10.2020. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 561-A--Constitution   of Pakistan, 1973, Arts. 199, 249-A & 265-K--Quashment of FIR--Maintainability--Alternate remedy--Petitioner has alternative efficacious remedy in terms of Sections 249-A and 265-K, Cr.P.C. can he applied at appropriate stages, even at initial stages of trial--Instant writ petition is not maintainable as petitioner has an adequate, alternate remedy available to him under Section 249-A, Cr.P.C.,--No prejudice would be caused to Petitioner through dismissal of this petition as investigation is completed and his bail before arrest has already been confirmed by concerned Court--Petition dismissed. [Para 8 & 9] B & C 2016 PCr.LJ 693. Quashment of FIR-- ----“The law is settled by now that after taking of cog...

  PLJ 2023 Cr.C. (Note) 30 [Sindh High Court, Karachi] Present :  Naimatullah Phulpoto and Shamsuddin Abbasi, JJ. STATE through Deputy Attorney General of Pakistan--Appellant versus SHOAIB AHMED SHEIKH and others--Respondents Crl. Acq. A. 390 of 2016 & Crl. Acq. A. No. 60 of 2017, heard on 26.2.2018. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 249-A--There can be no dispute that an application under Section 249-A, Cr.P.C. can be filed, taken up for hearing and decided at any time or stage of proceedings and words “at any stage” denote that application under Section 249-A, c, Cr.P.C. can be filed even before prosecution evidence had been recorded or while exercise of recording of evidence is going or when exercise is over--It is, however, to be noted that though there is no bar for an accused person to file application under Section 249-A, Cr.P.C. at any stage of proceedings of case yet facts and circumstances of prosecution case will have to be kept in mind and cons...

  PLJ 2022 Cr.C. (Note) 164 [Lahore High Court, Bahawalpur Bench] Present :  Muhammad Amjad Rafiq , J. Malik  MUHAMMAD EJAZ CHANNAR--Appellant versus STATE etc.--Respondents Crl. A. No. 161 of 2014, heard on 7.10.2021. Illegal Dispossession Act, 2005 (XI of 2005)-- ----S. 3--Compoundable--Accused may be acquitted on basis of compromise arrived at between parties.            [Para 3] A 2020 PCr.LJ (N) 20 Sindh. Compromise-- ---- A compromise in non-compoundable offence is considered only at mitigating circumstance for reduction in sentence.                                                               ...