Alwakeel law Associates

28/08/2026

28/08/2026

It is settled legal position that at the bail stage deeper appreciation of the record cannot be gone into, but only a tentative assessment is to be made just to find out as to whether present applicants/accused are connected with the commission of offence or not. Applying the above settled legal position to the case in hand, it will be seen that prima facie ingredients of section 489-B, P.P.C. are not met in the circumstances of the case, but at best it can be a case of section 489-C, P.P.C. for which maximum punishment is prescribed to the extent of seven years or with fine or with both, which does not fall within the prohibitory clause of section 497, Cr.P.C.

It is for the learned trial Court to determine finally whether provisions of sections 489-B or 489-C, P.P.C. are attracted in this case, of course, after recording evidence. As of now, case against the petitioner calls for further enquiry falling within the ambit of section 497(2), Code of Criminal Procedure.

While dealing with the question of whether or not bail is to be granted to an accused, it has to be kept in mind that the object of bail is to secure the attendance of the accused at the trial. The object is neither punitive nor preventive. Imprisonment of a person and deprivation of his liberty, cannot be described other than, being a punishment, unless no less restrictive alternative is available to ensure that the accused will stand his trial when called upon to do so. All civilized societies recognize the principle that punishment comes only after conviction, and the presumption of innocence subsist with the accused, till he is handed down punishment after trial.

Crl.Misc.No.35608-B of 2026
Muhammad Sarwar vs. The State and another.
19.08.2026
Muhammad Amjad Pervaiz ) Judge
2026LHC5345

28/08/2026

According to prosecution’s own case and as per statements of the eyewitnesses, the deceased received fire arm injury on the back of his head whereas the doctor had opined that the deceased had received fire arm injury on lateral aspect of left eye on front side of the face, thus, there is visible major conflict in between the ocular account and the medical evidence, which goes to the very root of the prosecution case. Such contradiction also leads us to draw an inference that as a matter of fact the prosecution witnesses were not truthful in their stance, were not present at the place of occurrence at the relevant time and had not witnessed the occurrence.
Crl. Appeal No.58756 of 2023
(Muhammad Asif versus Shahnaz Akhtar, etc
PLJ 2026 CrC 421
PLD 2026 Lahore 649

20/06/2026

PLD 2026 Lahore 493
For the protection of witnesses and other persons connected with the investigation of criminal case, “The Punjab Witnesses Protection Act, 2018” (Act, 2018) was promulgated, which has established a frame work for witness protection including measures like physical protection, video links and restricted court room entry and protection for witnesses from being cross examined by the accused directly, particularly for serious and sexual offences.

Under Section 10 of Act, 2018 empowers the court to examine a witness through video link at a location outside the court and if it is not possible to have a video link in the court room, the court may move to the place, where such facility is available Moreover, article 164 of Qanun-e-Shahadat Ordinance, 1984 gives authority to the court to admit any evidence that may have become available, because of technological advancement.
Accumulative effect of said provisions was that by invoking both the said provisions, the learned trial court may record a witness through video link, if the circumstances of the case so required.
Criminal Revision No. 66407 of 2025
Zubaida Khanam. Versus The State and 05 others.

18/06/2026

الحمدللہ رب العالمین!

آج الوکیل لاء ایسوسی ایٹس تونسہ شریف کے لیے ایک اور قابلِ فخر کامیابی حاصل ہوئی۔ معزز عدالت نے مقدمے میں نامزد تمام 6 ملزمان کو باعزت بری کرتے ہوئے انصاف کی بالادستی کو برقرار رکھا۔

یہ فیصلہ اس حقیقت کی عکاسی کرتا ہے کہ مضبوط قانونی دلائل، مؤثر وکالت اور محنت کے ساتھ پیش کیا گیا مقدمہ انصاف کی منزل تک پہنچ سکتا ہے، جس سے عوام کا عدلیہ پر اعتماد مزید مستحکم ہوتا ہے۔

اس کامیابی کا کریڈٹ سردار بیرسٹر محسن رحمان کھیتراں، شعیب محمد بزدار ایڈووکیٹ، کلرک حفیظ اللہ چنڑ اور دلاور خان کی انتھک محنت، پیشہ ورانہ صلاحیت اور بہترین ٹیم ورک کو جاتا ہے۔

اللہ تعالیٰ ہمیں حق اور انصاف کی خدمت کا یہ سفر مزید اخلاص اور کامیابی کے ساتھ جاری رکھنے کی توفیق عطا فرمائے۔ آمین۔

18/06/2026

Delay in recording the statement of witnesses---Effect---Delayed recording of the statement of a prosecution witness under S.161 of the Code of Criminal Procedure, 1898, reduced its value to nothing unless there was a plausible explanation for such delay---No explanation, much less plausible, had been given in the present case for not getting the statements of witnesses under S.161 of the Code of Criminal Procedure, 1898 recorded immediately and therefore no value could be attached to his statement
Kashif Nouman alias Kashi vs State
2026 YLR 864

18/06/2026

Day of success🏆💪 Adv Shoaib Baloch Mubashir Malghani M Sadiq

18/06/2026

Recovery of weapon of offence---Non-association of private witnesses---Effect---Accused were charged for committing murder of the brother of complainant---Record showed that a pillow was recovered from the appellant, however the same could not be relied upon as the Investigating Officer of the case did not join any witness of the locality during the recovery of the pillow from the appellant which was in clear violation of S.103 Cr.P.C---Provisions of S.103 Cr.P.C, unfortunately, were honoured more in disuse than compliance---Therefore, the evidence of the recovery of the pillow from the appellant could not be used as incriminating evidence against the appellant, being evidence that was obtained through illegal means and hence hit by the exclusionary rule of evidence---Furthermore, it was admitted part of the prosecution case that the Investigating Officer of the case on 07.12.2019 had visited the house from where the pillow was recovered and remained there for a substantial period of time and in that scenario, had the pillow been present in the same house, then its presence must have been noted by the Investigating Officer of the case however it was not---Most important fact relating to the recovery of pillow was that the Investigating Officer of the case admitted during cross-examination that the said Pillow was recovered from the house which was in the possession of the complainant and his family---Said pillow was recovered after about five months of the occurrence---All these facts denuded the effort made by the Investigating Officer of the case to prop up the failing prosecution case by showing sham recovery of the pillow---
Kashif Nouman alias Kashi vs State
2026 YLR 864

12/06/2026

2024 SCMR 1123
متوجہ ہوں ایس ایچ او صاحبان
مندرجہ بالا SCMR کے مطابق ایف ائی ار درج کرنے سے پہلے انکوائری کرنا ضروری نہیں ہوتی ہے اگر جرم قابل دست اندازی پولیس کی اطلاع متعلقہ ایس ایچ او کو ملے تو ایس ایچ او زیر دفعہ 154ض ف اور پولیس رولز باپ نمبر24 فقرہ1 کے تحت ایف ائی ار درج کرنے کا پابند ہے