Summary: Bail granted---Background:Ghulam Farooq Channa, Secretary of Union Council Jamshed Town, Karachi, seeks bail in anticipation of arrest following allegations of fabricating a fake death certificate for Naseem Begum Chotani.The scam was uncovered after the Anti-Corruption Authorities received a report and conducted an inquiry, resulting in Channa being accused alongside accomplices.---Issues:Whether bail should be granted to an accused prior to arrest in a non-bailable offense.Whether Channa's alleged involvement in the fabrication of a fake death certificate justifies his detention pending investigation.---Holding/Reasoning/Outcome:Granting bail to an accused before arrest in a non-bailable offense is an extraordinary judicial intervention that hinders the investigative process and may lead to the loss of evidence.The legal precedent established in Hidayat Ullah Khan v. The Crown (PLD 1949 Lahore 21) underscores the limited scope of granting pre-arrest bail to protect innocent individuals from abuse of legal process.Channa's alleged role in fabricating the death certificate, despite being disclosed belatedly, does not diminish his culpability, nor does it imply malicious intent.The release of co-accused on post-arrest bail does not affect Channa's situation, as the criteria for pre-arrest bail are distinct.The decisions of the High Court of Sindh and the Special Judge (Central-I) Karachi, denying bail to Channa, align with established legal principles and are consistent with previous rulings of the Supreme Court.The petition for bail is dismissed, and leave to appeal is declined.---Citations/Precedents:Hidayat Ullah Khan v. The Crown, PLD 1949 Lahore 21

Summary: Background:Arfan Akram, the petitioner, was convicted for the murder of Irshad Bibi, his mother-in-law, on January 26, 2009, in Tandlianwala, District Faisalabad, allegedly over a property dispute.The incident was promptly reported by the victim's son, Shakil Ahmed, and the petitioner was arrested on October 27, 2009. A .30 caliber pistol, believed to be the murder weapon, was recovered based on the petitioner's disclosure.Convicted by an Additional Sessions Judge, the petitioner was initially sentenced to death under Section 302(b) of the Pakistan Penal Code, 1860, but the Lahore High Court commuted the sentence to life imprisonment on November 2, 2015.---Issues:Whether the delay in filing the jail petition should be condoned.Whether the evidence presented in the case supports the petitioner's guilt beyond a reasonable doubt.---Holding/Reasoning/Outcome:The jail petition was filed with a delay of 23 days, which was condoned in the interest of ensuring the safe administration of criminal justice.The prompt reporting of the incident, the consistency and credibility of witness testimonies, and the forensic evidence support the conclusion that the petitioner is guilty of the crime.The victim's son, Shakil Ahmed, provided natural and corroborated testimony, while forensic reports confirmed the presence of a .30 caliber pistol consistent with the murder weapon recovered.The petitioner's prolonged absence from the legal proceedings and the absence of his wife, who could have provided relevant testimony, further undermine his defense.The prosecution successfully established the petitioner's guilt, and there is no reasonable doubt about his involvement in the murder.The petition was dismissed, and leave to appeal is declined.

Summary: Background:Islam Sharif, the petitioner, was convicted for the murder of Dr. Sahib Jan on September 3, 1991, within the jurisdiction of Police Station Ghoriwala, District Bannu.He was found guilty under Section 302(b) of the Pakistan Penal Code, 1860, and sentenced to life imprisonment by a learned Additional Sessions Judge, a verdict upheld by a Judge in Chamber of the Peshawar High Court.---Issues:The petitioner challenges the judgment on various grounds, including the improbability of witness presence, identification issues due to darkness, and the absence of forensic evidence such as casings and the murder weapon recovery.The credibility of witness testimony and the sufficiency of evidence to establish guilt beyond a reasonable doubt are in question.---Holding/Reasoning/Outcome:The prosecution's case relies on the testimony of the deceased's sons, Saifullah and Inayatullah, who witnessed the murder. They reported that the petitioner confronted their father with a firearm shortly before the Fajjar prayer.The motive for the crime is cited as a dispute over a house, which had been ongoing since 1982.The court found the witnesses' identification of the petitioner credible, considering their close proximity to the deceased and their longstanding acquaintance with the petitioner.The timing of the incident, shortly before dawn during Fajjar prayer, does not cast suspicion on the witnesses' ability to identify the culprit.The absence of forensic evidence and the petitioner's long absence from the scene do not negate the credibility of the witnesses' testimony.Both witnesses provided consistent and detailed accounts of the incident, which remained unshaken under cross-examination.The courts below found the petitioner guilty based on the evidence presented, and the Supreme Court concurs with their decision.The petition is dismissed, and leave to appeal is declined.

Summary: Background:Ahmad Bakhsh, through his legal representatives (LRs), filed a civil suit against Ameer Ali Khan, contesting a sale.The trial court ruled in favor of Ahmad Bakhsh, but this decision was overturned by the High Court due to the failure to perform Talabs (a legal requirement).The appellant appealed to the Supreme Court against the High Court's judgment.---Issues:Whether the Talabs were performed in accordance with the law.Whether the evidence presented by the plaintiff regarding the performance of Talabs was credible.Whether the contradictions and discrepancies in the witnesses' testimony justified the High Court's decision.---Holding/Reasoning:The High Court found the plaintiff's evidence regarding the performance of Talabs to be inconsistent and unreliable.The witness who testified about the Talabs, Khalid (PW-5), appeared for the first time after a significant delay and his account contradicted that of another witness, Hameedullah (PW-3).Other witnesses also provided conflicting details about the timing and manner of the Talabs.The High Court's decision to exclude the statements of these witnesses from consideration was deemed justified.Upon independent analysis, the Supreme Court found the High Court's conclusion to be reasonable and decided not to overturn it.The appeal was dismissed.

Summary: Background:The Government of Pakistan, represented by the Federal Board of Revenue, filed a civil petition seeking leave to appeal against a judgment of the Federal Service Tribunal. The Tribunal had modified the major penalty of dismissal from service imposed on Nawaz Ali Sheikh to a reduction in scale and reinstatement in service.---Issues:Whether the Tribunal was justified in modifying the penalty imposed on Nawaz Ali Sheikh.Whether the charges against Nawaz Ali Sheikh were established in the disciplinary proceedings.---Holding/Reasoning/Outcome:The Supreme Court found that the charges against Nawaz Ali Sheikh, concerning processing bogus refund claims, were established in the disciplinary proceedings. The inquiry was conducted thoroughly, and due process rights were provided to him. The Court held that there was no procedural defect in the proceedings.The Court concluded that the Tribunal's decision to modify the penalty imposed on Nawaz Ali Sheikh was not justified. It emphasized that the Tribunal should not have arbitrarily reduced the penalty without valid reasons, especially after finding the charges against him established. Therefore, the Court allowed the appeal and set aside the Tribunal's judgment, reinstating the original penalty of dismissal from service.

Summary: Summary pending

Summary: Against Judgement / Decree dated 04.02.2015

Summary: Cases triable by Court established under Juvenile Justice system Act 2018 and KP Child protection Act.

Summary: Held (1) Police officials are as good witnesses as others are that too when no mala fide was either alleged or proved against them.(2) The record depicted that the evidence collected by the prosecution had connected the accused with the commission of the offence.(3) The prosecution witnesses remained consistent on all aspects of the case and even the safe custody of the case property in the police station had been established.(Appeal was dismissed in the circumstances).

Summary: Held: (1) The record is silent that when, how and who handed over the prepare samples and the remaining case property to the Moharrir of the Police Station.(2) The dispatch of the test samples form the police station to the Forensic Science Laboratory has not been established in the way and in the manner as is proposed by the law.(3) While dealing with test samples and preparing the reports on its strength, the concerned laboratories are under heavy obligation to adhere to the procedure in this respect and especially to specify the protocols of the test applied.(4) Non-production of the daily diary regarding the departure and arrival of seizing officer had caused serious doubt in the prosecution case.(Appeal was allowed and the appellant was acquittal in the Circumstances).