Syed Mushtaque Hussain shah Law chamber legal Consultancy & services

Syed Mushtaque Hussain shah Law chamber legal Consultancy & services "Building bridges to legal solutions, brick by brick."

19/02/2026

Medical evidence contradicting ocular account---Accused was charged for committing murder of the husband of complainant by firing---Medical evidence produced by the prosecution, according to which on 06.11.2021 at 08:30 p.m. Medical Officer conducted autopsy on the dead body of deceased and noted "Injury No. l: multiple small penetrating wound (more than 50 in numbers) measuring almost 1 mm x 1 mm, involving front of neck, front of chest and right shoulder, up to xiphisternum, blackening present on all wounds"---Some pellets were retrieved and sent to Forensic Science Agency for Ballistic Expert opinion---According to scaled site plan, inter-se distance between Point-1 (where deceased was standing at the time of occurrence) and Point-2 (from where appellant made fire shot upon the deceased) was 2-karams i.e. 10/11 feet---With such a distance between the victim and the assailant, there was no probability that the fire would have left the blackening around the wounds---Medical Officer further stated that probable time that elapsed between injury and death was one hour while between death and post mortem was 5 to 7 hours---Time of death and post mortem given by Medical Officer did not coincide with the time of occurrence given in FIR---Such conflict between the medical and the ocular account also belied the presence of prosecution witnesses at the site---
Saeed akhtar vs State
2026 PCrLJ 105

18/02/2026

Conflictions in ocular account and medical evidence---Accused were charged for committing murder of the mother of complainant by firing---According to the site plan, deceased, received fire shots from a distance of five feet---Medical Officer, who conducted postmortem examination on the dead body of the deceased observed that there were burnt margins present on a injury---In case of pistol fire shot burning could occur if the fire shot was made from a distance of within 02 feet---Thus, it could safely be held that the deceased sustained fire shot injury from a distance of 2/3 feet---As per the statements of the eye-witnesses, the deceased sustained six fire shot injuries with pistols but the size of entry and exit wounds were different, therefore, possibility could not be ruled out that different types of weapons were used in the commission of offence---Contradiction in the ocular account of the occurrence as narrated by the prosecution witnesses and the medical evidence furnished by the Medical Officer clearly established that the prosecution hadmiserably failed to prove the charge against the appellant---Appeal against conviction was allowed, in circumstances.
Shahid alias Shahidi vs State
2026 YLR 27

16/02/2026

S.498--AFTER GRANT INTERIM BAIL ACCUSED WAS ARRESTED / CONVICTED. EXEMPTION
Accused was arrested during pendency of pre-arrest bail, in some other case and he was not present before the court.

S. 498 CRPC- Ad-interim pre-arrest bail. Non-appearance of petitioner/accused due to conviction and sentence in another case--Personal appearance, exemption
S. 498 --Penal Code (XLV of 1860), Ss. 302, 324 & 395---Anti-Terrorism Act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, dacoity, act of terrorism--Ad-interim pre-arrest bail--Non-appearance of petitioner/accused due to conviction and sentence in another case--Personal appearance, exemption from--Petitioner after getting pre-arrest bail in different cases, was convicted in another case, hence he was arrested , confined in jail and it was not possible for him to appear of his own before the Court on two dates, thus his bail petition was dismissed. Validity--Admittedly, petitioner was on ad-interim pre-arrest bail in different cases by the order of the Anti-Terrorism Court when he was convicted and sentenced in another case, therefore, it was not possible for the petitioner to appear on due dates before Anti-Terrorism Court of his own without intervention/order of said Court and even said state of affairs was brought into notice/knowledge of the Court through applications filed for exemption from personal appearance on due date. During pendency of said applications for pre-arrest bail filed by the petitioner before said Court in those cases, at one stage, said Court obtained/marked attendance of the petitioner through video-link--Impugned order revealed that it was in the knowledge of the Court that petitioner had been convicted and sentenced in another case-Presence of accused on each and every date of hearing before the Court during pendency of application for pre-arrest bail was necessary/mandatory and if he was not present in the Court, his petition would be dismissed due to lack of his presence--If some explanation had been given or brought into the notice of the Court regarding non-appearance of the accused and said explanation was satisfactory, then his presence could be exempted. Court had to consider that whether absence of the accused was for the reason beyond his control and in such circumstances, Court could procure his attendance to decide the application for pre-arrest bail on merits-Impugned orders were set-aside with the directions that all the applications filed by the petitioner for pre-arrest bail shall be deemed as pending before the Trial Court and the Trial Court shall decide applications filed by the petitioner for pre-arrest bail after obtaining/marking personal attendance of the petitioner through video-link. Petitions stood allowed.
ANOTHER CASE LAW

2018 YLR 323 LAHORE-HIGH-COURT-LAHORE
Side Appellant : MUHAMMAD SHAFIQUE
Side Opponent : State
S. 498 ---Penal Code (XLV of 1860), Ss. 420, 468 & 471---Cheating and forgery---Pre-arrest bail, confirmation of---Absence of accused ---Effect---accused was arrested during pendency of pre-arrest bail, in some other case and he was not present before the court---Plea raised by complainant was that due to arrest of accused petition had become infructuous---Validity---Withholding of concession of pre-arrest bail particularly when absence of accused at time of confirmation of his ad-interim bail was not willful and he was represented through counsel, same would not serve ends of justice---Complainant, during investigation, could not produce evidence to prove his claim of advancing huge amount of Rs. 1,81,00,000/- to accused and despite lapse of three years he did not approach civil court for recovery of the amount---Proposed arrest of accused was motivated by illwill and mala fide of complainant and local police---Pre-arrest bail was confirmed in circumstances.

‏جسٹس بابر ستار کا وکیل کے ساتھ دلچسپ مکالمہ!ٹیکس کیسز سننے والے اسلام آباد ہائیکورٹ کے دو رکنی بینچ کے سامنے لاہور سےوک...
05/02/2026

‏جسٹس بابر ستار کا وکیل کے ساتھ دلچسپ مکالمہ!
ٹیکس کیسز سننے والے اسلام آباد ہائیکورٹ کے دو رکنی بینچ کے سامنے لاہور سےوکیل پیش ہوئے استدعاء کی کہ اس کیس میں رمضان کی تاریخ دے دیں

جسٹس بابر ستار نے ریمارکس دئیے کہ" ہو سکتا ہے رمضان میں ہم آپکے ساتھ
ہوں"
آپ جیسے لوگوں کی بہت ضرورت ہے ہمیں ہم آپکی بہت قدر کرتے ہیں Welcome Sir , درخواست گزار

محترم منو مل ديوان کي خيرپور جو سيشن جج ٿيڻ تي.. ۽محترم اورنگزيب شاھ صاحب کي ايڊيشنل سيشن جج ٺري ميرواھ مقرر ٿيڻ تي ڀليڪ...
04/02/2026

محترم منو مل ديوان کي خيرپور جو سيشن جج ٿيڻ تي.. ۽محترم اورنگزيب شاھ صاحب کي ايڊيشنل سيشن جج ٺري ميرواھ مقرر ٿيڻ تي ڀليڪار چئون ٿا.. اميد خيرپور جي عوام لاء انصاف ۾ آساني ون ڪندا

28/01/2026

2026 SCMR 163
Only blackening on the margins of the entry wound may also occur even from a long-range fire shot. On the other hand, if the entry wound is a contact wound which means that the fire shot was made while pressing the muzzle of the weapon on the body of the victim or if a fire shot is made from a close range i.e., from a distance of three (03) feet or less, then apart from the blackening around the entry wound, there is also burning and tattooing around the entry wound (s). Sometimes a plastic wad is also recovered from a wound of entry if a fire shot is made by a 12-bore gun or a carbine from a close range. According to the medical experts when the trigger of a firearm is pressed then it hits that part of the bullet or cartridge, which contains gun powder and due to the hitting of the trigger a blast takes place in the bullet/cartridge due to which the bullet or pallets come out of the muzzle of the gun/pistol with very high velocity. Smoke that comes out of the muzzle of the weapon due to the blast of gun powder, deposits around the entry wound in a contact wound or a close range shot made from a distance of less than 3-feet and the same causes blackening around the entry wound. A flame also comes out of the muzzle, which causes burning/ charring around the entry wound, whereas burnt and unburnt gun powder also comes out of the muzzle of the weapon and it causes tattooing around the entry wound in the case of a close range fire shot. Likewise, if a fire shot is made with 12-bore gun or carbine, then the plastic cartridge, which is normally used in such type of weapons may break into pieces due to the blast of gun powder and a plastic wad may also be found inside the entry wound, in the case of a close-range fire shot. It is, therefore, evident that in the case of a closerange fire shot, most of the abovementioned characteristics are present inside or around entry wound of the victim, however, the said characteristics may be missing in the case of long-range fire shot(s). Similarly when a sophisticated weapon is used or when smokeless powder is used in the bullet/cartridge, in that case the abovementioned sign of blackening may not be present in or around the entry wound, though the fire shot was made from a close range. On the other hand, only blackening on the margins of the entry wound can occur even from a long-range fire shot(s). It happens because as mentioned earlier, when a tiger of a firearm is pressed and it hits that part of the bullet/cartridge, which contains gun powder, it results into the blast of the gun powder and due to the said blast, as well as, on account of the friction of the led bullet/pellets in the muzzle of the firearm, a led bullet/pellets become a boiling object and when it touches the skin of a human being (victim) then it burns the skin on the margins of the entry wound(s). It is further noteworthy that on account of oiling and presence of dust in a weapon/muzzle, the bullet may carry the mixture of said dust and oil on it and when it touches the skin of the victim, the mixture of dust and oil deposits around the entry wound due to which it may appear that there is blackening around the entry wound. In the medical jurisprudence the said blackening is described as a dirt hole. It is, therefore, clear that when there is only blackening on the margins of the entry wound of the victim then it cannot be held that only on account of the said blackening a fire shot was made from a close range or it was a contact wound because as mentioned earlier, in a contact or close range fire shot, apart from the blackening there should have also been burning and tattooing around the entry wound and in case the fire shot is made with a 12 born gun or carbine from a close-range then a piece of wad/cartridge may also be found inside the entry wound. Moreover, as per medical jurisprudence the abovementioned signs (blackening, burning, tattooing), may be missing even in a close-range fire shot if the fire shot lands on that part of the body which is covered with clothes like, vest, shirt, coat etc because in that case, blackening, burning and tattooing may occur at the clothes of the victim. Therefore, presence or absence of above characteristics depends on the different circumstances of a case. On the other hand only blackening of the margins of the entry wound may occur from a long-range fire shot and even when the body of the victim is covered with clothes because the blackening of the margins of the entry wound occurs due to the touching of the bullet (a boiling object) with the skin at the entry wound of the victim. We are, therefore, of the view that as there is no burning, charring and tattooing and there is only blackening of the margins of the entry wound of the deceased which may occur even in the case of a long range shot.
Jail Petition No.940 of 2017
Qaisar vs The State

سچ سب سے بڑا گناہ گار ٹھہراازل سے قید میں ڈال دیا گیازنجیروں کی جھنکار میں جکڑا رہاسچ وڏو ڏوهاري آهيروز ازل کان پڪڙيو وي...
26/01/2026

سچ سب سے بڑا گناہ گار ٹھہرا
ازل سے قید میں ڈال دیا گیا
زنجیروں کی جھنکار میں جکڑا رہا

سچ وڏو ڏوهاري آهي
روز ازل کان پڪڙيو ويو آ
زنجيرن سان جڪڙيو ويو آ

26/01/2026

FIR in the issue of Adv Rustam Chandio must be registered and IO not below rank of SSP should investigate the matter As their are chances of pressure in investigation

26/01/2026

Further Investigation,
Re-investigation and transfer of investigation even after submission of Challan and framing of charge.

2024 PCrLJ 2081

"Further investigation" and "re-investigation"---Scope---Second change of investigation---Petitioner was aggrieved of order passed by authorities directing second change of investigation---Validity---Fresh/re-investigation can be ordered when there is a complaint alleging that the initial investigation was flawed, unfair, tainted, mala fide, or otherwise failed to serve the interests of justice---Re-investigation may bring on record conflicting evidence and contradictory opinions of Police Officers---In such situations, the Court must evaluate them following the established principles of criminal jurisprudence and rules of evidence to arrive at a correct decision---There is no prohibition on police authorities to conduct further investigations or re-investigations in a criminal case after the submission of the final report under S. 173, Cr.P.C---Law allows for further investigation, re-investigation or the transfer of an ongoing investigation even after the submission of a challan or framing of charges until the trial is concluded---However, such actions cannot be done arbitrarily; specific conditions must be satisfied and the competent authority must provide compelling justifications for their decisions---Despite the potential for trial delays, such actions are warranted if they serve the cause of justice---Further investigation or re-investigation can be ordered even when a private complaint is pending if the circumstances warrant it---Court may hold the challan case in abeyance and proceed with the private complaint following the law, but it cannot halt further investigation or re-investigation unless exceptional circumstances exist---Objection that transfer of investigation would prejudice the petitioners was repelled---Mere fact that respondent had filed a private complaint or that the Trial Court had held in abeyance the proceedings in the challan case was no ground to strike down the order---Respondent applied to the Regional Police Officer for transfer of investigation of case under Art.18 (2) of the Police Order, 2002---Regional Police Officer referred the matter to the Regional Standing Board for an opinion and, on its recommendation, accepted the request of respondent---Regional Police Officer had given detailed reasons supporting the order as required by law---High Court does not sit as a Court of appeal when exercising constitutional jurisdiction.

I extend my heartfelt birthday wishes to my esteemed brother, Advocate Sajjad Hussain Sahib. May Allah bless you with a ...
25/01/2026

I extend my heartfelt birthday wishes to my esteemed brother, Advocate Sajjad Hussain Sahib. May Allah bless you with a long life abundant in health, wisdom, and success. Your love, guidance, and dignity continuously serve as a source of strength and pride for us. May your future be blessed with peace, prosperity, and numerous accomplishments. May you always remain blessed.💕

My warmest congratulations to Advocate Shoair Nizamani on his wedding. I wish you both endless happiness as you begin yo...
24/01/2026

My warmest congratulations to Advocate Shoair Nizamani on his wedding. I wish you both endless happiness as you begin your life together.

Strongly condemn FIR against Rehman Korai    & other learned lawyers by Islamabad Police😡
23/01/2026

Strongly condemn FIR against Rehman Korai & other learned lawyers by Islamabad Police😡

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