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Showing posts with the label islamabad criminal lawyer

Delay of more than 10 hours in reporting a criminal case

  PLJ 2021  Cr.C . (Quetta) 642 (DB) Present:  Naeem   Akhtar  Afghan and Abdul  Hameed   Baloch , JJ. Mst .  SABIHA--Appellant versus Dr.  AKBAR and 2 others--Respondents Crl .  Acq .  A. No. 397 of 2015, decided on 1.7.2019. Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 417(2) & 249-A--Appeal against acquittal--It is an admitted fact that complainant has reported matter with police with delay of more than 10 hours without any plausible explanation, under such circumstances consultation and deliberation on part of complainant cannot be ruled out--Since FIR is always treated to be a corner stone of prosecution case to establish guilt against culprits involved in crime and it has got a very significant role to play--Any doubt in lodging of FIR and commencement of investigation gives rise to a benefit in favor of accused and FIR lodged after inquiry loses its evidentiary value-- Held:  It is settled principle of law tha...

249-A is designed to prevent unnecessary trials in Criminal Cases

  PLJ 2026 Cr.C. (Note) 25 [Lahore High Court, Multan Bench] Present:  Muhammad Jawad Zafar , J. HUMAIRA KHAKWANI and 2 others--Petitioners versus STATE and another--Respondents Crl. Misc. No. 1796-M of 2024, decided on 11.3.2025. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 249-A--Powers and scope of--The provision of Section 249-A of the Code is designed to prevent unnecessary trials when conviction is unlikely and the evidence available, whether presented or to be presented, is to be scrutinized while deliberating upon the merits of application under this provision to ascertain if there is any possibility of conviction or not. The scope and extent of the powers conferred u/S. 249-A of the Code was deliberated upon by the Honourable Supreme Court of Pakistan--In other words, a full-fledged trial has to be conducted in normal 4 circumstances providing a fair opportunity to the prosecution to provide evidence in support of its case and prosecution is not to be stifled at...

Parameters prescribed for cancellation of bail

PLJ 2012  Cr.C . ( Lahore ) 58 Present: Ch. Muhammad Tariq, J. Mst . SHAZIA BIBI--Petitioner versus STATE and 2 others--Respondents Crl . Misc. No. 12381/CB of 2010, decided on 23.11.2010. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(5)--Pakistan Penal Code, (XLV of 1860), Ss. 452, 354, 148 & 149--Cancellation of bail--Respondents joined the investigation--According to the inquiry conducted by the SDPO, no occurrence had taken place--Allegation of complainant was further not established that she was dragged by respondent in her house who also torn her clothes because she did not get herself medically examined in a hospital and did not produce M.L.C. in support of her version nor produced her torn clothes--Respondents were not required by the police for further investigation--Parameters prescribed for cancellation of bail were different from bail before arrest or bail after arrest--There was no allegation against the respondents that they have misused th...