The Anti-Terrorism Act, 1997
Section 7(a)
The Code of Criminal Procedure
Section 367 (2) & (3)
Compromise– Both the impugned judgments of the learned Courts below are set aside and the case is sent back to the learned Trial Court, who, after verifying the genuineness of the compromise to its satisfaction shall accept the same and acquit the appellants on the basis thereon. .....Irfan =VS= Muhammad Yousaf, [3 LM (SC) 114] ....View Full Judgment

The Anti-Terrorism Act, 1997
Section 7(a) r/w
The Code of Criminal Procedure
Section 382-B r/w
The Pakistan Penal Code
Section 302(b)
The benefit under section 382-B, Cr.P.C shall be extended to the appellant– appeal is dismissed to the extent of the appellant’s conviction for the offence under section 7(a) of the Anti-Terrorism Act, 1997, his sentence passed for the said offence is reduced from death to imprisonment for life and his conviction and sentence for the offence under section 302(b), PPC are set aside. The order passed by the trial court in respect of payment of fine by the appellant as well as the order passed in respect of imprisonment in default of payment of fine are, however, maintained. The benefit under section 382-B, Cr.P.C. shall be extended to the appellant. .....Dr. Irfan Iqbal =VS= The State, [3 LM (SC) 111] ....View Full Judgment

The Code of Criminal Procedure, 1898
Section 382-B r/w
The Pakistan Penal Code
Section 302(b)
Benefit of doubt–
This appeal is partly allowed in the terms that the sentence of death of the appellant-Amjad Shah is altered to that of life imprisonment under Section 302(b) PPC. The remaining punishment of fine and imprisonment in case of default thereof shall remain intact. He shall also be entitled to the benefit of Section 382-B Cr.P.C. .....Amjad Shah =VS= The State, (Criminal), 2017 (2)– [3 LM (SC) 105] ....View Full Judgment

The Pakistan Prison Rules, 1978
Rule 216, 218 r/w
The Pakistan Penal Code
Section 57 r/w
The Code of Criminal Procedure
Section 401
It is rightly urged that although a sentence of life imprisonment under Section 57 PPC extends to 25 years, the same is liable to reduction through remissions granted by the Executive under Section 401 Cr.P.C. and also Rule 216 and Rule 218 of the Pakistan Prison Rules, 1978 (“Prison Rules”). By virtue of Rule 140 of the Prison Rules, every ‘lifer-prisoner’ must undergo a minimum of fifteen years substantive imprisonment. Notionally, the Executive authorities may on that basis remit in their discretion 10 years imprisonment from the statutory sentence of a lifer-prisoner. Such remission is granted lawfully in exercise of powers vested in the Provincial Government by the aforementioned provisions of law. Reference is made to Abdul Malik v. The State (PLD 2006 SC 365). .....Amjad Shah =VS= The State, [3 LM (SC) 105] ....View Full Judgment

Prevention of Electronic Crimes Act, 2016
Section 22(1) r/w
Cr.P.C.
Section 497 r/w
Constitution of Islamic Republic of Pakistan
Article 185(3)
Post-arrest bail– It is a crime to hollow out the society, therefore, the argument of the learned counsel for the petitioner is of no help to the petitioner. Even otherwise, this petition is barred by 03 days and no plausible explanation for the condonation of the delay has been given. This petition having no merit is accordingly dismissed and leave to appeal is refused. Supreme Court directs the learned Trial Court to proceed with the trial expeditiously and conclude the same as early as possible. .....Umer Khan =VS= The State, (Criminal), 2022(1) [12 LM (SC) 15] ....View Full Judgment

Pakistan Penal Code
Section 489-F
Cr.P.C.
Section 497
Dishonestly issuing a cheque–– To grant pre-arrest bail–– Liberty of a person is a precious right which cannot be taken away without exceptional foundations–– It is settled law that absconsion cannot be viewed as a proof for the offence and the same alone cannot be made a ground to discard the relief sought for–– It is settled law that grant of bail in the offences not falling within the prohibitory clause is a rule and refusal is an exception. This Court in a number of cases has held that liberty of a person is a precious right which cannot be taken away without exceptional foundations. Supreme Court has been informed that all the material is in documentary shape; the investigation is complete and the petitioner is no more required for further investigation. So far as the argument of the learned Law Officer about the absconsion of the petitioner is concerned, it is settled law that absconsion cannot be viewed as a proof for the offence and the same alone cannot be made a ground to discard the relief sought for. Reliance is placed on Rasool Muhammad Vs. Asal Muhammad (PLJ 1995 SC 477) & Muhammad Tasaweer Vs. Hafiz Zulkarnain (PLD 2009 SC 53). Taking into consideration all the facts and circumstances stated above, this Court is of the view that the petitioner has made out a prima facie case for grant of pre-arrest bail. .....Abdul Rasheed =VS= The State, (Criminal), 2024(1) [16 LM (SC) 3] ....View Full Judgment

Pakistan Penal Code, 1860
Sections 302, 324, 380 & 411 r/w
Cr.P.C.
Section 544-A
Converted the death sentence into life imprisonment, maintaining the fines and other punishment– The evidence that has come on the record was sufficient to lead both the courts below to reach the conclusion that it was the appellant who had committed murder. In view of what has been discussed above, charge against the appellant has been proved beyond any shadow of reasonable doubt. This appeal having no merit is thus dismissed. .....Muhammad Saleem =VS= The State, [4 LM (SC) 139] ....View Full Judgment