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Latest Judgments (All Jurisdictions within Pakistan)

SHAIKH AFTAB AHMAD VS GOVT OF PAKISTAN THROUGH SECRETARY MINISTRY OF LAW PARLIAMENTARY AFFAIRS ISLAMABAD

Citation: 2015 SD 441

Case No: SHARIAT PETITION No. 4/L/2001

Judgment Date: 09-03-2015

Jurisdiction: Federal Shariat Court

Judge: Justice Riaz Ahmad Khan

Summary: Summary pending.

Malik Muhammad Mumtaz Qadri VS The State

Citation: PLD 2015 Islamabad 85

Case No: Criminal Appeal-90-2011

Judgment Date: 9/3/2015

Jurisdiction: Islamabad High Court

Judge: Justice Shaukat Aziz Siddiqui

Summary: Conviction upheld----Background: The appeal is filed under Section 25 of the Anti-Terrorism Act 1997, along with Section 410 of the Criminal Procedure Code (Cr.P.C). The impugned judgment, dated 01.10.2011, was passed by the Learned Special Judge (Court No II) Anti-Terrorism Court Rawalpindi Division and Islamabad Capital Territory. The appellant was awarded a death sentence under Section 302 (b) PPC (Pakistan Penal Code) and ordered to pay compensation to the legal heirs of the deceased under Section 544 A of Cr.P.C. In default, a six-month simple imprisonment was ordered. Additionally, the appellant was awarded death sentence under Section 7 of the Anti-Terrorism Act (ATA) and a fine. In default, another six-month simple imprisonment was ordered. The case stems from FIR No 06/2011 dated 04.01.2011, registered at P.S Kohsar Islamabad. ----Issues: The primary issue revolves around the appellant's conviction and sentencing under Section 302 (b) PPC and Section 7 of the ATA. The appeal also questions the application of terrorism charges against the appellant. ----Holding/Reasoning/Outcome: The prosecution, led by complainant Shaheryar Ali Taseer, detailed the murder of Governor Salman Taseer on 04.01.2011. The appellant, a security guard, allegedly shot the deceased while returning from a restaurant. The medical evidence presented by Dr. Muhammad Arshad supported the prosecution's case, establishing the cause of death and the nature of injuries inflicted. Witness testimonies, including those of ASI Iftikhar Ali, Constable Abdul Raheem, and others, provided further evidence linking the appellant to the crime scene and the murder weapon. The judgment references historical legal precedents and Islamic law principles regarding intent, motive, and punishment for crimes. The court upheld the conviction and sentence under Section 302 (b) PPC but set aside the conviction under Section 7 (a) of the ATA due to lack of evidence supporting terrorism charges. Mitigating circumstances argued by the defense were not deemed applicable, and the appellant's actions were characterized as preplanned and cold-blooded. The appeal against the conviction under Section 302 (b) PPC was dismissed, and the murder reference was answered in the affirmative. ----Citations/Precedents: Shafique Ahmed Vs The State, 1997 PCrLJ 1 Iftikhar Mehmood Vs Qaiser Iftikhar, 2011 SCMR 1165 Naveed Vs The State, 2014 SCMR 1464 Muhammad Nadeem Waqas Vs The State, 2014 SCMR 1658

Riaz vs State

Citation: PLJ 2015 CrC 765

Case No: Cr.M B.A No.350-P/2015

Judgment Date: 09/03/2015

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: S.377,511,34 PPCEffect of compromise in non compoundable offence( Bail dismissed)

Umar Gul vs State

Citation: N/A

Case No: Cr.Misc.No.204 /2015

Judgment Date: 09/03/2015

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: S.302,34 PPCFour persons charged for two injuries,benefit of doubt,wants further inquiry (Bail allowed)

Sajid Ali Khan vs State

Citation: N/A

Case No: Cr.M BA No. 391/2015

Judgment Date: 09/03/2015

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: S493,493-A,506 PPCDoubtful Nikah Nama,wants further inquiry (Bail allowed)

Abdul Basit vs State

Citation: N/A

Case No: Cr.M BA No.115 /2015

Judgment Date: 09/03/2015

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: S.302 PPCWho is aggressor ,wants further inquiry (Bail allowed)

Haji Rafeed Gul vs State

Citation: 2016 PCrLJ Note 56

Case No: Cr.M BA No.316/2015

Judgment Date: 09/03/2015

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: S.384,387,506,34 PPCProsecution failed to prove the case & not fall in prohibitory clause.(Bail allowed)

Ahmad Ali Yousafzai vs State

Citation: N/A

Case No: B.A.No.374-P/2015

Judgment Date: 09/03/2015

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: S.506,34 PPC,7(H) ATACompromise in non compoundable offence.(Bail allowed)

Saeed Anwar vs Khursheed Anwar

Citation: PLJ 2015 Peshawar 220, 2016 MLD 943

Case No: CR.No.775-P/2014

Judgment Date: 09/03/2015

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: Deficiency or non affixation of court fees--party not be penalized--duty of counsel & staff to check suit in all respect before institution

Syed Shah Miran vsGovt.

Citation: PLJ 2015 Peshawar 246, 2016 YLR 476

Case No: CR.No.126-P/2013

Judgment Date: 09/03/2015

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: S.12.42,54 SRA,S.3,4 Tenancy Act:Tenant at will could not claim entry in revenue record on basis of agreement executed with other tenant to which owner was not party

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