Latest Judgments

Newly reported judgments from the Supreme Court of Pakistan, the High Courts and tribunals, added as they are processed — free, full text, updated daily. Judgments marked NEW were added in the most recent update. 232594 judgments in total.

• Subedar (R) Muhammad Hafeez Versus Abdul Ghani2025 PCrLJ 798 · Supreme Court of Azad Jammu and Kashmir · 2025-01-13
  acquittalSection 249-A Cr.P.C.benefit of doubtcriminal appealremandtrial court
  Summary & questions settled

  The captioned appeal arises from a judgment of the Shariat Appellate Bench of the High Court which set aside the trial court's order acquitting the accused-appellants under Section 249-A of the Code of Criminal Procedure 1898. The core legal question before the Supreme Court of Azad Jammu and Kashmir was whether the trial court lawfully exercised its jurisdiction under Section 249-A Cr.P.C. by acquitting the accused prematurely by extending the benefit of the doubt during ongoing trial proceedings. The Supreme Court dismissed the appeal and upheld the High Court's judgment, holding that the benefit of doubt is a principle applicable at the conclusion of a full trial upon evaluation of evidence, and cannot be used as a ground for premature acquittal under Section 249-A Cr.P.C. The key principle laid down is that the scope of Section 249-A is limited to cases where there is no probability of the accused being convicted or where the charge is groundless, rather than evaluating evidence to give the benefit of the doubt mid-trial.

  Questions settled

  • Can the benefit of doubt be extended to an accused while deciding an application for acquittal under Section 249-A of the Code of Criminal Procedure 1898?
  • What is the scope and objective of Section 249-A of the Code of Criminal Procedure 1898?
  • Is a premature acquittal based on the evaluation of the sufficiency of prosecution evidence sustainable under Section 249-A of the Code of Criminal Procedure 1898?
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• Ch. Tariq Farooq Versus Sheikh Masood Iqbal2025 PCrLJ 1994 · Supreme Court of Azad Jammu and Kashmir · 2025-02-11
  contempt of courtunconditional apologyderogatory languageabuse of processsupreme court
  Summary & questions settled

  The present contempt petition was filed seeking initiation of contempt of Court proceedings against the respondents for using derogatory language, specifically the phrase "abuse of process of Court" and the term "rascal", in written statements filed before the High Court in reference to a final decision of the Supreme Court of Azad Jammu and Kashmir. The core legal question was whether the language employed by the respondents in their written statements constituted contempt of Court by undermining its dignity and authority. The Court held that while the conduct of the respondents, including holders of constitutional offices and officers of the court, warranted the imposition of maximum penalties for employing inappropriate and disrespectful language, the contempt proceedings could be dropped in view of their unconditional apologies, expressions of remorse, and upon showing judicial grace. The key principle laid down is that officers of the court and constitutional office-holders are expected to maintain the highest standards of professionalism and respect toward judicial institutions, and while inappropriate language constitutes a direct affront to the authority of the court, unconditional apologies may be accepted with a warning in appropriate circumstances.

  Questions settled

  • Whether the use of the phrase "abuse of process of Court" in a written statement regarding a final decision of the Supreme Court constitutes contempt of Court?
  • Can contempt proceedings be dropped upon the tendering of an unconditional apology by the contemnors?
  • What standard of professionalism and respect toward judicial institutions is expected from constitutional office-holders and officers of the court?
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• State Versus Muhammad Altaf Khan2025 PCrLJ 1943 · Supreme Court of Azad Jammu and Kashmir · 2025-02-11
  acquittalSection 265-K Cr.P.C.abuse of processdouble jeopardyautrefois acquitcriminal trialdestruction of recordleave to appeal
  Summary & questions settled

  This petition for leave to appeal challenged the High Court’s judgment affirming the acquittal of the respondent by the trial court. The respondent faced charges of corruption and forgery under the Azad Penal Code and the Anti-Corruption Act. Following a protracted legal history, including the destruction of court records during the 2005 earthquake and the death of key prosecution witnesses, the trial court acquitted the respondent under Section 265-K of the Code of Criminal Procedure 1898. The Supreme Court of Azad Jammu and Kashmir examined whether the trial court correctly exercised its inherent jurisdiction. The Court held that Section 265-K empowers trial courts to acquit an accused at any stage if the evidence is insufficient or if continuing the trial would constitute an abuse of process. Given that the prosecution could not substantiate its case due to the unavailability of witnesses and evidence, the Court affirmed the acquittal. It further reiterated the principle of autrefois acquit, holding that an accused cannot be retried for the same offence after a final acquittal, thereby protecting individuals from vexatious and purposeless prosecution.

  Questions settled

  • Under what circumstances can a trial court exercise its inherent power to acquit an accused under Section 265-K of the Code of Criminal Procedure 1898?
  • Does the destruction of court records and the unavailability of prosecution witnesses justify an acquittal under Section 265-K of the Code of Criminal Procedure 1898?
  • Can an accused be subjected to a retrial for the same offence after a final order of acquittal has been passed?
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• ASAD MUNEER KHAN Versus The STATE OF AZAD JAMMU AND KASHMIR2021 PCrLJ 126 · Supreme Court of Azad Jammu and Kashmir · 2020-05-05
  inherent jurisdictionsuo motu powersbailCOVID-19 pandemicjudicial reviewQisas and Diyatadministrative ordersShariat Appellate Bench
  Summary & questions settled

  This matter concerns an appeal against a High Court order that granted wholesale bail to various categories of prisoners in Azad Jammu and Kashmir due to the COVID-19 pandemic. The core legal questions were whether the High Court possessed the jurisdiction to issue such a blanket order, whether it could exercise suo motu powers to grant bail, and whether it could bypass established statutory procedures for bail. The Supreme Court of Azad Jammu and Kashmir held that the High Court’s order was without jurisdiction and unlawful. The Court ruled that the High Court lacks inherent power under Section 561-A of the Code of Criminal Procedure to act as a substitute for established legal remedies or to issue administrative directions in non-judicial proceedings. Furthermore, the Court affirmed that the High Court possesses no suo motu jurisdiction to release prisoners in bulk, as such power is not conferred by the Constitution. The judgment established that judicial powers must be exercised strictly within the bounds of the law and that the judiciary cannot bypass specific forums, such as the Shariat Appellate Bench, or ignore the rights of victims' legal heirs in Qisas and Diyat cases.

  Questions settled

  • Does the High Court possess inherent power under Section 561-A of the Code of Criminal Procedure 1898 to grant bail to prisoners in bulk during a public health emergency?
  • Can a High Court exercise suo motu jurisdiction to grant bail in the absence of an express constitutional or statutory provision?
  • Does the High Court have the jurisdiction to bypass the Shariat Appellate Bench in matters where that forum is exclusively empowered to adjudicate?
  • Can the High Court's inherent powers under Section 561-A of the Code of Criminal Procedure 1898 be used to issue administrative or executive directions?
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• SAID AKBAR Versus Sardar GHULAM HUSSAIN KHAN2017 PCrLJ 731 · Supreme Court of Azad Jammu and Kashmir · 2015-05-28
  criminal appealocular evidencewitness credibilitycross-examinationmedical corroborationweapon recoveryAzad Penal Code
  Summary & questions settled

  This appeal challenged a judgment of the Shariat Court, which had restored the trial court's conviction of the appellants for offenses related to a violent land dispute. The core legal questions concerned the reliability of ocular evidence in the absence of corroborative weapon recovery, the impact of failing to cross-examine witnesses on material points, and whether witness relationships or the non-examination of all cited witnesses invalidated the prosecution's case. The Supreme Court dismissed the appeal, holding that the prosecution proved its case beyond reasonable doubt. The court affirmed that ocular evidence, if credible, is sufficient for conviction even if weapon recovery is doubtful. It established that failure to cross-examine on material facts constitutes an admission of those facts, and that mere relationship between witnesses does not warrant discarding their testimony absent evidence of animosity. Furthermore, the court held that the prosecution possesses the discretion to choose which witnesses to examine from the calendar of witnesses, provided the core evidence remains consistent and reliable.

  Questions settled

  • Does the failure to cross-examine prosecution witnesses on material points amount to an admission of the facts stated by them?
  • Is the prosecution legally obligated to examine every witness cited in the calendar of witnesses?
  • Does the relationship of prosecution witnesses to the complainant automatically invalidate their testimony?
  • Can a conviction be sustained on the basis of ocular evidence when the recovery of the weapon of offense is found to be doubtful?
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• GHAZANFAR ALI Versus State2017 PCrLJ 649 · Supreme Court of Azad Jammu and Kashmir · 2015-04-13
  qaswastazirdeath sentence confirmationchance witnesstazkiyat-ul-shahoodappeal against acquittalproof of qatl-i-amdmurder
  Summary & questions settled

  This criminal appeal arises from a consolidated judgment of the Shariat Court, which dismissed appeals from both parties and answered a reference from the trial court in the affirmative, confirming the death sentence of the convict-appellant, Ghazanfar Ali, for qatl-i-amd under section 302(a) of the Azad Penal Code, while upholding the acquittal of co-accused Ghazan Khan. The core legal questions involved whether the prosecution proved its case beyond reasonable doubt through eye-witness testimony, whether chance witnesses were reliable, and whether the standard of evidence for awarding qaswas was met. The Supreme Court of Azad Jammu and Kashmir held that the prosecution successfully established its case through consistent and trustworthy eye-witness accounts, that the presence of chance witnesses was satisfactorily proved, and that the mandatory requirements for proof of qatl-i-amd liable to qisas under section 304 of the Azad Penal Code and Article 17 of the Qanun-e-Shahadat Order, 1984 were fully satisfied following proper purgation (tazkiya-ul-shahood). Consequently, the appeals were dismissed, affirming the death sentence as qisas and the acquittal.

  Questions settled

  • Whether the testimony of chance witnesses can be relied upon for awarding the death penalty as qisas when their presence at the scene is satisfactorily proved?
  • What are the mandatory legal prerequisites for awarding a sentence of death as qisas under Section 304 of the Azad Penal Code read with Article 17 of the Qanun-e-Shahadat Order, 1984?
  • Under what circumstances can an appellate court interfere with an order of acquittal passed by the courts below?
  • Does a mere blood relationship between prosecution witnesses and the deceased render their evidence untrustworthy or inadmissible?
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• NASIR MEHMOOD Versus The STATE2017 PCrLJ 255 · Supreme Court of Azad Jammu and Kashmir · 2015-04-06
  unsoundness of mindmental incapacitypreliminary inquirydeath sentence referenceright to counselremand of trialnext friend appeal
  Summary & questions settled

  These consolidated appeals arise out of a judgment of the Shariat Court concerning a murder case under the Islamic Penal Laws (Enforcement) Act, 1974 and the Pakistan Penal Code. The core legal questions involved whether the trial court erred in hastily conducting the trial without affording proper representation or conducting an inquiry into the accused's alleged unsoundness of mind under section 465 of the Code of Criminal Procedure, and whether an appeal can be maintained through a next friend when the accused is of unsound mind. The Supreme Court of Azad Jammu and Kashmir held that the provisions of section 465 Cr.P.C. are mandatory, and where attending circumstances and medical records suggest an accused is of unsound mind and incapable of making a defense, the trial court must conduct a preliminary inquiry. The holding laid down that failure to do so vitiates the trial proceedings, and an appeal on behalf of an incapacitated convict can be maintained through a next friend. The appeal of the legal heirs was dismissed, while the convict's appeal was partly accepted and the matter remanded to the trial court for a proper inquiry into the mental state of the accused.

  Questions settled

  • Whether the provisions of section 465 of the Code of Criminal Procedure regarding the unsoundness of mind of an accused are mandatory in nature?
  • Does the failure of a trial court to conduct an inquiry into the mental capacity of an accused vitiate the subsequent trial proceedings?
  • Can an appeal on behalf of a convict be maintained through a next friend when the accused is suffering from unsoundness of mind?
  • What course of action must a trial court adopt when it appears from attending circumstances and medical records that an accused is incapable of making a defense?
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• ZAFFAR HUSSAIN MALIK Versus ABDUL SALAM2017 PCrLJ 185 · Supreme Court of Azad Jammu and Kashmir · 2015-04-22
  circumstantial evidenceacquittalbenefit of doubtdouble presumption of innocencemurdercriminal appealappreciation of evidence
  Summary & questions settled

  This criminal appeal arose from a judgment of the Shariat Court, which acquitted the respondents of murder charges, overturning a conviction by the District Criminal Court. The core legal question concerned whether the prosecution had established the guilt of the accused beyond reasonable doubt based on circumstantial evidence, and whether the appellate court was justified in setting aside the acquittal. The Supreme Court of Azad Jammu and Kashmir held that the prosecution's case was riddled with doubts, particularly regarding the reliability of witnesses and the lack of an unbroken chain of circumstantial evidence. The Court affirmed the acquittal, emphasizing that an accused person enjoys a double presumption of innocence after being acquitted by a competent court. The judgment laid down the principle that an acquittal order cannot be interfered with unless it is found to be perverse, arbitrary, or fanciful. Furthermore, it reiterated that in cases of circumstantial evidence, all links must be fully connected, and any missing link necessitates the benefit of the doubt, which must be extended to the accused as a matter of right.

  Questions settled

  • Can an appellate court interfere with an acquittal order absent findings of perversity, arbitrariness, or misreading of evidence?
  • What is the standard of proof required for a conviction based on circumstantial evidence?
  • Is the benefit of doubt a matter of grace or a matter of right for an accused?
  • Does an accused person enjoy a double presumption of innocence after an acquittal?
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• MOHAMMAD RIAZ Versus State2017 PCrLJ 101 · Supreme Court of Azad Jammu and Kashmir · 2015-05-28
  Qatl-i-amdQisasdeath penaltyappreciation of evidenceocular evidencemedical evidenceTazkiya-tul-Shahoodcriminal appeal
  Summary & questions settled

  This criminal appeal challenged the judgment of the Shariat Court, which upheld the conviction and death sentence of the appellant for the murder of his wife. The core legal questions concerned the appreciation of evidence, the impact of alleged contradictions between ocular and medical accounts, the effect of delayed FIR registration, and the validity of awarding the death penalty as Qisas. The Supreme Court of Azad Jammu and Kashmir dismissed the appeal, holding that the prosecution proved its case beyond reasonable doubt. The Court affirmed that the delay in lodging the FIR was plausibly explained, and medical evidence regarding the nature of injuries and the time of death was consistent with the prosecution’s narrative. Furthermore, the Court ruled that the testimony of related witnesses is admissible absent proof of animosity. Crucially, the Court held that the sentence of death as Qisas was legally justified because the statutory exemptions under Sections 306 and 307 of the Azad Penal Code were inapplicable, as no Wali or direct descendant of the victim survived to claim them.

  Questions settled

  • Does the relationship of prosecution witnesses to the victim automatically render their testimony unreliable?
  • Can the death penalty as Qisas be imposed if no Wali or direct descendant of the victim survives?
  • Is a delay in lodging an FIR fatal to the prosecution's case if a plausible explanation is provided?
  • Does a discrepancy between the ocular account and the post-mortem report regarding the nature of injuries necessarily create reasonable doubt?
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• ZAFFAR MEHMOOD Versus MUZAFFAR2014 PCrLJ 1512 · Supreme Court of Azad Jammu and Kashmir · 2014-01-10
  bail cancellationtentative assessmentmurderjudicial discretioncriminal revisionpost-arrest bail
  Summary & questions settled

  This revision petition challenged an order of the Shariat Court granting bail to the accused-respondent in a murder case. The core legal question was whether the Shariat Court exercised its discretion properly in granting bail, and whether sufficient grounds existed to warrant the cancellation of that bail. The Supreme Court of Azad Jammu and Kashmir held that the Shariat Court's order was legal and did not warrant interference. The Court reasoned that at the bail stage, only a tentative assessment of the record is permissible, and deeper appreciation of evidence is prohibited. It noted that no specific overt act of firing was attributed to the accused-respondent, and the recovery of a weapon that did not match the crime scene evidence could not be used as strong corroboration at this stage. The Court emphasized that the criteria for cancelling bail are distinct from those for granting it, requiring strong, compelling reasons, which were not established by the petitioner. The principle laid down is that once bail is granted by a competent court, it will not be cancelled without strong, substantiated grounds, and appellate interference is limited to cases where the lower court's discretion was capricious or against settled norms.

  Questions settled

  • Is a deeper appreciation of evidence permissible at the stage of bail?
  • Does the standard for cancelling bail differ from the standard for granting bail?
  • Can bail be cancelled solely on the allegation of tampering with evidence without supporting record?
  • Should an appellate court interfere with the discretion exercised by a lower court in granting bail if the order is not capricious?
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• Dr. KARAMAT HUSSAIN Versus SHAMS-U-DIN2013 PCrLJ 1076 · Supreme Court of Azad Jammu and Kashmir · 2013-01-19
  Section 133 CrPCpublic nuisancesub judicecivil court jurisdictionparallel proceedingsencroachmentmagisterial powers
  Summary & questions settled

  This appeal challenges the High Court's judgment quashing proceedings initiated under Section 133, Code of Criminal Procedure 1898, concerning an alleged encroachment. The appellant had concurrently filed a declaratory suit in a Civil Court regarding the same subject matter. The core legal question was whether a Magistrate possesses the jurisdiction to initiate or continue proceedings under Section 133, Code of Criminal Procedure 1898, when the underlying dispute is already sub judice before a Civil Court. The Supreme Court dismissed the appeal, affirming the High Court's decision to quash the criminal proceedings. The Court held that when a matter is pending before a Civil Court of competent jurisdiction, a Magistrate is legally debarred from entertaining or proceeding with the same cause between the same parties. The Court emphasized that the Civil Court, having seized jurisdiction over the dispute, is the appropriate forum to regulate the matter, and parallel proceedings are impermissible. Consequently, the Magistrate’s initiation of proceedings, despite awareness of the pending civil litigation, was found to be contrary to settled principles of law and the norms of justice.

  Questions settled

  • Can a Magistrate initiate proceedings under Section 133, Code of Criminal Procedure 1898, when the subject matter is already sub judice before a Civil Court?
  • Is a Magistrate required to issue a conditional order before initiating proceedings under Section 133, Code of Criminal Procedure 1898?
  • Does the pendency of a civil suit regarding an encroachment bar a Magistrate from exercising jurisdiction under Section 133, Code of Criminal Procedure 1898?
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• TAHIR MAHMOOD Versus THE STATE through Advocate-General2012 PCrLJ 1174 · Supreme Court of Azad Jammu and Kashmir · 2011-11-19
  cancellation reportpolice reportsummoning of accusedipse dixit of policejudicial mindcriminal revision
  Summary & questions settled

  This criminal appeal arises from an order of the Shariat Court of Azad Jammu and Kashmir dismissing a revision petition against a trial court's order summoning the appellant. A criminal case was registered against the appellant under various sections of the Azad Penal Code for allegedly attacking a headmistress and injuring a school staff member. Following an investigation, the police submitted a report seeking cancellation of the case, but the Tehsil Criminal Court disagreed, summoned the appellant to face trial, and its decision was upheld by the Shariat Court. The core legal question addressed is whether a criminal court is bound by a police cancellation or final report when deciding whether to summon an accused. The Supreme Court of Azad Jammu and Kashmir dismissed the appeal, holding that a criminal court is never bound by the ipse dixit or opinion of the police and must independently apply its judicial mind to the material on record to determine whether sufficient grounds exist to summon an accused for trial.

  Questions settled

  • Whether a criminal court is bound by the report submitted by the police for the cancellation of a case?
  • Can a Magistrate or trial court disagree with the conclusion of the investigating agency and summon an accused for trial?
  • What is the legal duty of a court when examining a police report recommending the discharge or exoneration of an accused person?
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• SHERAZ MAHMOOD Versus State2006 PCRLJ 1525 · Supreme Court of Azad Jammu and Kashmir · 2006-05-19
  Zina-bil-Jabrrapejuvenile offendermedical evidencesentencingpubertycriminal liability
  Summary & questions settled

  This appeal challenged a conviction for Zina-bil-Jabr (rape) under the Offence of Zina (Enforcement of Hudood) Act, 1985, where the appellant, aged sixteen at the time of the offense, was sentenced to twenty-five years' rigorous imprisonment. The core legal question was whether the appellant, being under eighteen and lacking definitive medical evidence of puberty, qualified as an "adult" under the Act, thereby necessitating a different sentencing regime. The Court upheld the conviction on merits, finding no reason to disturb the factual findings regarding the commission of the offense. However, regarding the sentencing, the Court held that because the medical report failed to document the physical indicators of puberty required to establish adulthood, the appellant could not be classified as an "adult" under Section 2(a) of the Act. Consequently, the Court applied Section 7 of the Act, which governs offenses committed by non-adults. The principle laid down is that where medical evidence fails to establish the physical markers of puberty, the benefit of the doubt regarding the status of "adult" must be resolved in favor of the accused, necessitating sentencing under the non-adult provisions.

  Questions settled

  • Does the failure of a medical report to document physical indicators of puberty preclude a finding of adulthood under the Offence of Zina (Enforcement of Hudood) Act, 1985?
  • Should a court resolve ambiguities in medical evidence regarding the physical maturity of an accused in favor of the accused?
  • What is the applicable punishment for Zina-bil-Jabr when the offender is determined not to be an adult under the Offence of Zina (Enforcement of Hudood) Act, 1985?
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• MUHAMMAD JAVED Versus State2006 PCRLJ 1170 · Supreme Court of Azad Jammu and Kashmir · 2005-11-17
  cross-examinationright to fair trialabsence of counseladjournmentmurder trialprosecution witness
  Summary & questions settled

  This criminal appeal arises from a judgment of the Shariat Court upholding a trial court order that declined an adjournment for cross-examining a key medical witness and closed the appellants' right of cross-examination. The appellants, facing trial for murder under sections 302 and 34 of the Azad Penal Code, were unrepresented on the date of the witness's deposition because their engaged local counsel failed to appear. The core legal question is whether denying an accused the opportunity to cross-examine a material prosecution witness due to the absence of their counsel violates the principles of a fair trial. The Supreme Court of Azad Jammu and Kashmir held that the right to cross-examine prosecution witnesses is an absolute, indefeasible, and legitimate right that cannot be denied in an arbitrary manner, and expeditious disposal of a trial must not come at the cost of a fair and just trial. The court laid down the principle that when an accused is abandoned by their counsel through no fault of their own, reasonable opportunity must be afforded to engage alternative counsel and conduct cross-examination.

  Questions settled

  • Whether the right to cross-examine a prosecution witness is an absolute and indefeasible right of an accused person?
  • Can a trial court refuse an adjournment to an accused whose counsel fails to appear, thereby closing their opportunity for cross-examination?
  • Does expeditious disposal of a criminal trial justify denying an accused a fair opportunity to test prosecution evidence?
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• RUKHSAR AHMAD Versus THE STATE2005 PCRLJ 988 · Supreme Court of Azad Jammu and Kashmir · 2005-03-04
  re-examinationcross-examinationhostile witnessprevious statementcriminal procedureinvestigation affidavitQanun-e-Shahadat
  Summary & questions settled

  This criminal appeal challenges a judgment of the Shariat Court upholding a trial court's order permitting the prosecution to re-examine an eye-witness and exhibit an original affidavit. The controversy arose in a criminal challan pending since 1992, where during cross-examination of a prosecution eye-witness, an affidavit given during investigation was brought on record by the defence. The prosecution was subsequently allowed to re-examine the witness and exhibit the original affidavit pursuant to Article 133(3) of the Qanun-e-Shahadat. The core legal question was whether the prosecution could re-examine its witness and introduce or clarify matters regarding an affidavit brought up during cross-examination. The Supreme Court of Azad Jammu and Kashmir held that the trial court acted lawfully within its jurisdiction under Article 133(3) of the Qanun-e-Shahadat 1984 in permitting re-examination to explain matters arising from cross-examination, while safeguarding the defence's right to further cross-examine on the new matter. The appeal was accordingly dismissed.

  Questions settled

  • Whether the prosecution can re-examine its witness regarding matters introduced or elicited during cross-examination?
  • Can the trial court permit the introduction of new matters during re-examination under Article 133 of the Qanun-e-Shahadat 1984?
  • What is the extent of the defence's right to cross-examine a witness when new matter is introduced during re-examination?
  • How can previous statements and affidavits recorded during investigation be used during the trial of a criminal case?
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• ASIA BIB Versus GHAZANFAR ALI2005 PCRLJ 415 · Supreme Court of Azad Jammu and Kashmir · 2004-12-03
  criminal appealmurderplea of alibimedical evidenceocular testimonyrecoveryacquittalbenefit of doubt
  Summary & questions settled

  This criminal appeal arises from a judgment passed by the Shariat Court on 25-3-2003, whereby the acquittal of the respondent Ghazanfar Ali and his brothers for murder was upheld and confirmed. The core legal question in the case was whether the prosecution had successfully proved the guilt of the accused beyond reasonable doubt through unimpeachable ocular testimony, reliable recovery evidence, and a cohesive motive, particularly when the accused raised a plea of alibi supported by official jail records. The Supreme Court of Azad Jammu and Kashmir held that the ocular testimony of interested and inter-related family witnesses was contradicted by medical evidence, the recovery of the weapon of offence was doubtful and failed to comply with statutory requirements, and the accused's plea of alibi was successfully established by official detention records from Mandi Baha-ud-Din. The court laid down the principle that an acquittal carries a double presumption of innocence, and an appellate court will not interfere with an order of acquittal unless it is perverse, artificial, or ridiculous. Furthermore, the prosecution must succeed on the strength of its own case and cannot rely on the weakness of the defence.

  Questions settled

  • Whether ocular testimony conflicting directly with medical evidence can be relied upon to sustain a conviction?
  • Can an accused person be convicted merely on the basis of a weak or unconvincing defence when the prosecution fails to prove its own case beyond reasonable doubt?
  • Under what circumstances can an appellate court interfere with an order of acquittal that carries a double presumption of innocence?
  • Does a weapon recovery made from a deserted place after a significant delay without independent witnesses from the vicinity possess evidentiary value?
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• AMEER RASHAD ALI SHAH Versus MUHAMMAD IMRAN2005 PCrLJ 1875 · Supreme Court of Azad Jammu and Kashmir
  post-arrest bailbail cancellationfurther inquiryvicarious liabilitycommon intentioncriminal appealineffective firing
  Summary & questions settled

  This appeal challenged a judgment by the Shariat Court of Azad Jammu and Kashmir, which had granted bail to respondents 1 and 2 and refused to cancel bail for respondents 3 to 8 in a criminal case involving charges under sections 302, 324, 147, 148, 149, and 337-A-(i) of the Azad Penal Code. The core legal question was whether the accused were entitled to bail under the principle of further inquiry given the evidentiary discrepancies, including the discharge of several co-accused under section 169 of the Code of Criminal Procedure 1898 and the lack of physical evidence corroborating the alleged firing. The Supreme Court dismissed the appeal, holding that the case against the respondents fell within the purview of Section 497(2) of the Code of Criminal Procedure 1898. The Court affirmed that while it must assess incriminating material, it should not conduct a preliminary trial at the bail stage. Furthermore, the Court established that appellate interference in bail orders is unwarranted unless the lower court's decision is perverse or arbitrary, and that questions of vicarious liability are best determined at trial.

  Questions settled

  • Does the discharge of co-accused under Section 169 of the Code of Criminal Procedure 1898 constitute grounds for further inquiry regarding the remaining accused?
  • Is the question of vicarious liability or common intention to be deeply examined at the bail stage?
  • Under what circumstances should an appellate court interfere with a bail order granted by a lower court?
  • Does the allegation of ineffective firing by itself preclude the grant of bail under Section 497(2) of the Code of Criminal Procedure 1898?
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• KARAM DAD Versus MUHAMMAD YOUNAS2005 PCrLJ 1535 · Supreme Court of Azad Jammu and Kashmir · 2005-04-27
  post-arrest bailbail cancellationpre-arrest bailvicarious liabilityfurther inquirytentative assessmentmurder
  Summary & questions settled

  These consolidated criminal appeals arose from a judgment of the Shariat Court concerning cross-appeals for the grant and cancellation of bail in a murder and rioting case registered under sections 302, 324, 337-A/I, 337-A/2, 337-F/1, 337-F/2, 427, 147, 148, and 149 of the Azad Penal Code. The core legal questions involved whether bail was rightly refused to the accused appellants who were specifically attributed fatal and grievous fire-arm injuries, and whether bail granted by the trial court and upheld by the Shariat Court to the other co-accused should be cancelled. The Supreme Court of Azad Jammu and Kashmir held that the appellants facing specific, non-bailable allegations of causing deaths and serious injuries were not entitled to bail, while the co-accused whose participation and vicarious liability required further probe and whose bail orders by the trial courts carried weight were properly granted bail. The court affirmed that tentatitive assessment of evidence is permissible at the bail stage without conducting a mini-trial, and that the discretionary orders of lower courts granting bail should not be disturbed absent perversity or arbitrariness.

  Questions settled

  • Whether an accused person specifically attributed with fatal fire-arm injuries in a non-bailable case is entitled to the concession of bail?
  • Can the question of vicarious liability and common intention be deeply examined at the bail stage?
  • Whether the discretionary order of a trial court granting bail should be interfered with without strong grounds showing it to be perverse or arbitrary?
  • Does a dispute regarding land possession and cross-versions necessitate further inquiry into the guilt of accused persons lacking specific injury attributions under section 497(2) of the Code of Criminal Procedure 1898?
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• SUPERINTENDENT OF POLICE, DISTRICT RAWALAKOT Versus SHABBIR ABBASI2005 PCRLJ 1524 · Supreme Court of Azad Jammu and Kashmir · 2005-05-20
  quashment of FIRinherent jurisdictionabuse of processOffence of Zinacriminal investigationappreciation of evidencerevision petition
  Summary & questions settled

  This revision petition challenged an order by the Shariat Court of Azad Jammu and Kashmir, which quashed an FIR registered under sections 10/18 of the Offence of Zina (Enforcement of Hudood) Act, 1974, during the investigation stage. The core legal question was whether the Shariat Court properly exercised its inherent jurisdiction under section 561-A, Code of Criminal Procedure 1898, to quash criminal proceedings while the investigation was ongoing and evidence was still being collected. The Supreme Court held that while inherent powers under section 561-A are extraordinary and should not be used to appreciate evidence or interfere with investigations, they may be invoked to prevent the abuse of the process of the court. The Court determined that because the prosecution's evidence was clearly insufficient to support a conviction, allowing the proceedings to continue would be an exercise in futility. Consequently, the Court upheld the quashment order, establishing that although courts should generally avoid interfering with investigations, they may intervene when the prosecution's material is palpably inadequate to justify a trial.

  Questions settled

  • Can the High Court or Shariat Court exercise inherent powers under section 561-A, Code of Criminal Procedure 1898 to quash a case during the investigation stage?
  • Is the appreciation of evidence a valid ground for invoking inherent jurisdiction under section 561-A, Code of Criminal Procedure 1898?
  • Does the existence of inherent powers under section 561-A, Code of Criminal Procedure 1898 allow a court to stop an investigation when the prosecution's evidence is insufficient to sustain a conviction?
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• ABDUL REHMAN Versus ROBKAR-E-ADALAT2005 PCRLJ 1514 · Supreme Court of Azad Jammu and Kashmir · 2005-05-06
  bail bond forfeituresuretyabscondencecriminal procedurebail bondjudicial discretion
  Summary & questions settled

  This appeal was filed against the judgment of the Shariat Court of Azad Jammu and Kashmir, which upheld the forfeiture of a bail bond. The appellants had acted as sureties for an accused charged under section 302 of the Azad Penal Code in a double murder case. Following the accused's abscondence, the trial court ordered the forfeiture of the bail bond, requiring the sureties to pay the full amount in installments. The core legal question was whether the sureties were entitled to leniency regarding the forfeiture of the bail bond amount given their financial status and lack of personal interest in the accused's actions. The Supreme Court of Azad Jammu and Kashmir dismissed the appeal, holding that no leniency should be shown to sureties when an accused absconds, particularly in serious cases like murder. The Court emphasized that to discourage the growing trend of accused persons jumping bail and to uphold the supremacy of law, strict enforcement of bail bond forfeiture is necessary, and the entire amount must be forfeited without reduction.

  Questions settled

  • Is a surety entitled to a reduction in the forfeited bail bond amount if they demonstrate financial hardship?
  • Should the entire amount of a bail bond be forfeited when an accused absconds in a murder case?
  • Does the court have the discretion to grant leniency to sureties whose bail bonds have been forfeited due to the accused's abscondence?
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• MIR ZAMAN Versus State2005 PCRLJ 1371 · Supreme Court of Azad Jammu and Kashmir · 1993-06-28
  post-arrest bailcommon intentionconstructive liabilityvicarious liabilitymurdercriminal appealappellate discretion
  Summary & questions settled

  These criminal appeals arise from a consolidated judgment of the Azad Jammu and Kashmir Shariat Court, which dismissed the appellants' applications for post-arrest bail in a case involving murder and related offences. The core legal question concerns whether the appellants, who were allegedly present at the scene of the crime armed with firearms alongside the principal offender, were entitled to post-arrest bail or if they shared a common intention and constructive liability for the murder. The Supreme Court held that the appellants were prima facie connected with the crime through witness statements and ballistic evidence, and that deep appreciation of evidence and alleged discrepancies cannot be undertaken at the bail stage. The Court affirmed the lower court's refusal to grant bail, laying down the principle that appellate courts will not ordinarily interfere with the discretion exercised by subordinate courts in refusing bail unless the discretion is perverse or violative of settled legal principles, and that the presence of co-accused armed with lethal weapons at odd hours raises a question of vicarious liability best determined at trial.

  Questions settled

  • Whether an appellate court should interfere with the discretion of lower courts in refusing post-arrest bail without strong grounds?
  • Can the question of constructive or vicarious liability of co-accused armed with lethal weapons be assessed at the bail stage?
  • Do alleged discrepancies and improvements in witness statements warrant the grant of post-arrest bail?
  • Whether the presence of co-accused at the scene of a crime during odd hours attracts common intention for the purpose of bail?
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• EHTESAB BUREAU, AZAD JAMMU AND KASHMIR Versus MUHAMMAD HANIF SHAIKH and another2004 PCRLJ 996 · Supreme Court of Azad Jammu and Kashmir
  pre-arrest bailbail confirmationforgeryfraudsubstandard furnitureCadet College Pallandricriminal breach of trust
  Summary & questions settled

  This criminal petition for leave to appeal was filed by the Ehtesab Bureau against the confirmation of ad interim bail of the respondents by the High Court. The case arose from allegations that a purchase committee of Cadet College, Pallandri, in connivance with a supplier, procured substandard furniture by forging quotations and impersonating suppliers, causing financial loss to the government exchequer. The core legal question was whether the High Court erred in confirming the bail of the respondents and whether grounds existed to interfere with the exercise of judicial discretion. The Supreme Court of Azad Jammu and Kashmir held that since co-accused had been granted bail and the current Principal of the college verified that the furniture was in use and not below standard, the case required further inquiry. Furthermore, no recovery was needed from the personal custody of the accused. Consequently, the petition was dismissed, upholding the confirmation of bail.

  Questions settled

  • Whether bail once granted by a competent court should be interfered with without strong evidence connecting the accused to the offence?
  • Does a case requiring further inquiry justify the confirmation of pre-arrest bail?
  • Is the absence of any required recovery from the custody of the accused a relevant consideration in bail matters?
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• MUHAMMAD IBRAHIM Versus MUHAMMAD AFSAR KHAN2004 PCRLJ 979 · Supreme Court of Azad Jammu and Kashmir · 2003-12-11
  contempt of courtjudicial dignityadvocateunconditional apologyderogatory remarksscandalizing the court
  Summary & questions settled

  This matter concerns contempt of court proceedings initiated against an advocate who submitted an application to the Speaker of the Azad Jammu and Kashmir Legislative Assembly alleging that the Supreme Court had rendered a judgment under government influence. The core legal question was whether the respondent’s conduct in making these derogatory remarks constituted contempt of court. The Court held that the respondent was guilty of contempt, finding that the evidence, including signature verification and the respondent's partial admission of the document's contents, conclusively proved he authored the application. The Court affirmed that making unsubstantiated, derogatory allegations against the judiciary, regardless of the forum, lowers the dignity and prestige of the Court and constitutes contempt. While the Court emphasized the gravity of the offense, it took a lenient view regarding the sentence, considering the respondent's advanced age and his subsequent submission of an unconditional apology. Consequently, the Court sentenced the respondent to imprisonment until the rising of the Court and imposed a fine, noting that failure to pay the fine would result in further imprisonment.

  Questions settled

  • Does submitting a document containing derogatory allegations against the judiciary to a legislative body constitute contempt of court?
  • Can a court verify the authenticity of a document by comparing signatures on the disputed document with those on other court filings?
  • Does an unconditional apology by an advocate accused of contempt mitigate the sentence imposed by the court?
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• JAVED ALAM Versus THE STATE and another2004 PCRLJ 964 · Supreme Court of Azad Jammu and Kashmir
  post-arrest bailabsconsionmurdervicarious liabilitycommon objecttentative assessment of evidencecriminal appeal
  Summary & questions settled

  This criminal appeal arises from the refusal of bail to the appellant, Javed Alam, who was charged alongside others for murder and attempted murder in a 1993 incident involving indiscriminate firing. The appellant sought bail, arguing he was implicated due to enmity, that a key witness failed to identify him, and that his previous absconsion was justified by his detention in a separate case in Pakistan. The core legal question was whether the appellant was entitled to bail despite being an absconder for a significant period and being named in an F.I.R. involving multiple armed assailants. The Supreme Court of Azad Jammu and Kashmir dismissed the appeal, holding that the appellant failed to justify his initial period of absconsion and that there was sufficient prima facie evidence connecting him to the offence. The Court affirmed the principle that an accused who absconds after the commission of an offence is generally disentitled to the concession of bail, as absconsion is a strong factor weighing against the grant of such relief at the pre-trial stage.

  Questions settled

  • Does the absconsion of an accused person after the commission of an offence disentitle them to the concession of bail?
  • Should a court conduct a deep analysis of witness identification evidence at the stage of bail?
  • Is an accused entitled to bail if they were absconding for a period that remains unjustified by their subsequent arrest in another jurisdiction?
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• AHMAD DIN Versus MUHAMMAD TAZEEM2004 PCRLJ 956 · Supreme Court of Azad Jammu and Kashmir · 1999-06-25
  post-conviction bailsuspension of sentencemurder convictionappellate discretionpresumption of innocencebail cancellation
  Summary & questions settled

  This appeal challenges an order of the Shariat Court which suspended the conviction and sentence of the respondent, a murder convict, and released him on bail under Section 426, Code of Criminal Procedure 1898. The core legal question is whether the Shariat Court properly exercised its discretion to grant bail post-conviction in a heinous crime. The Supreme Court held that the Shariat Court erred in granting bail, emphasizing that after conviction, the initial presumption of innocence is dislodged. The Court ruled that bail pending appeal in murder cases is a rare phenomenon, exercisable only in exceptional circumstances, and should not be granted as a matter of routine. Furthermore, the Court cautioned against engaging in deep appreciation of evidence or making premature observations on the merits of the case during the bail stage, as this prejudices the final appeal. Consequently, the appellate court set aside the bail order, cancelled the respondent's bail bonds, and ordered his immediate arrest.

  Questions settled

  • Is the initial presumption of innocence available to an accused person after conviction by a competent court?
  • Should a court engage in deep appreciation of evidence when considering a bail application under Section 426 of the Code of Criminal Procedure 1898?
  • Is the grant of bail after conviction in a murder case a routine matter or an exceptional one?
  • Can an appellate court suspend a sentence and grant bail when the appeal is already ripe for hearing?
  Read full judgment →
• Raja MUHAMMAD AKRAM KHAN Versus MAZHAR IQBAL2004 PCRLJ 935 · Supreme Court of Azad Jammu and Kashmir
  post-arrest bailsubsequent bail applicationchange in circumstancesfurther inquiryappreciation of evidencemurder trialbail cancellation
  Summary & questions settled

  This appeal challenged a Shariat Court judgment that upheld the grant of bail to the respondents in a murder case registered under Section 302 read with Section 34 of the Azad Penal Code. The appellant contended that the trial court erred in granting bail after previously refusing it, arguing that no fresh grounds existed to justify a second application. The core legal question was whether a subsequent bail application is maintainable when material witnesses have been examined, even if no "fresh material" in the traditional sense has emerged. The Supreme Court dismissed the appeal, holding that the recording of evidence from previously unexamined witnesses, particularly where such evidence significantly alters the prosecution's case, constitutes a change in circumstances justifying a new bail application. The Court clarified that bail decisions are not final judgments under Section 369 of the Code of Criminal Procedure 1898 and that courts must evaluate whether reasonable grounds exist to believe the accused committed the offense, while avoiding deep appreciation of evidence that might prejudice the trial.

  Questions settled

  • Is a subsequent bail application maintainable when material witnesses have been examined after the initial refusal of bail?
  • Does the recording of testimony from previously unexamined witnesses constitute a change in circumstances for a bail application?
  • Are bail decisions considered judgments under Section 369 of the Code of Criminal Procedure 1898?
  • To what extent should a court engage in the appreciation of evidence when deciding a bail application?
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• ABDUL GHAFOOR Versus THE STATE2004 PCRLJ 915 · Supreme Court of Azad Jammu and Kashmir
  post-arrest baillimitation periodcondonation of delaycriminal appealstatutory limitation
  Summary & questions settled

  This criminal appeal was filed before the Supreme Court of Azad Jammu and Kashmir against the judgment of the Shariat Court, which had maintained the trial court's order refusing post-arrest bail to the appellant. The core legal question was whether an appeal filed beyond the statutory period of limitation could be entertained on the ground that the parties were negotiating a compromise. The Court held that the right of appeal is a creation of statute and must be exercised within the parameters laid down therein, and that pending negotiations for a compromise do not constitute a sufficient ground for the condonation of delay. The key principle laid down is that limitation periods prescribed by statute must be strictly observed, and reliance on outside assurances or settlement talks does not excuse a delay in filing an appeal.

  Questions settled

  • Whether pendency of compromise negotiations constitutes a sufficient ground for condonation of delay in filing an appeal?
  • What is the prescribed period of limitation for filing an appeal or revision under section 25 of the Azad Jammu and Kashmir Islamic Penal Laws Enforcement Act, 1974?
  • Can an appeal filed beyond the statutory period of limitation be entertained on the merits without condoning the delay?
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• MUHAMMAD ASIF Versus THE STATE2004 PCRLJ 890 · Supreme Court of Azad Jammu and Kashmir · 2002-03-05
  possession of charspolice witnessesindependent witnesseslimitation periodcriminal reviewconcurrent findingsprohibition law
  Summary & questions settled

  This criminal appeal arises from the judgment of the Shariat Court upholding the conviction of the appellant under the Prohibition (Enforcement of Hadd) Act, 1985 for the possession of Chars. The core legal questions involved whether the appeal before this Court was barred by limitation, whether police officials are competent witnesses to prove a recovery in the absence of independent public witnesses, and whether a miscellaneous application akin to a review was maintainable in the circumstances. The Supreme Court of Azad Jammu and Kashmir held that the appeal against the Shariat Court's judgment on merits was hopelessly time-barred, that police officials are as good witnesses as any other in the absence of proved animosity or motive for false implication, and that the miscellaneous application lacked the essential ingredients of a review petition. The appeal was accordingly dismissed, affirming the concurrent findings and conviction.

  Questions settled

  • Whether an appeal filed against the judgment of the Shariat Court beyond the prescribed period of limitation is maintainable without an application for condonation of delay?
  • Are police officials considered credible witnesses for proving a narcotics recovery when no prior animosity or motive for false implication is established by the defence?
  • Does the absence of independent public witnesses at the time of a recovery rendered by police officers vitiate the prosecution's case?
  • What are the essential ingredients required for maintaining a review petition in criminal proceedings?
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• NAZAR HUSSAIN Versus Mst. AZMAT BIBI2004 PCRLJ 880 · Supreme Court of Azad Jammu and Kashmir · 2002-01-31
  writ of mandamusregistration of FIRlachescognizable offenceprivate complaintpolice investigationcounter-version
  Summary & questions settled

  This appeal challenged a High Court judgment directing police officials to register a criminal case based on a report filed by the respondent. The respondent alleged that her house was looted and set on fire, seeking a writ of mandamus after police refused to register her complaint. The appellants argued that the police had already investigated the incident following a report by the opposing party, concluding the respondent's version was a fabrication to create a counter-version to a pending murder case. The core legal question was whether the High Court should exercise writ jurisdiction to compel the registration of an FIR when the police have already investigated the matter and reached a conclusion. The Supreme Court held that where the police have investigated the incident and formed a conclusion, a writ for registration of a case is not the appropriate remedy. The Court ruled that the aggrieved party must instead pursue a private complaint before a competent court. Furthermore, the Court found the petition barred by laches due to an unexplained 33-day delay in filing. The appeal was accepted, and the High Court's judgment was set aside.

  Questions settled

  • Can a High Court issue a writ of mandamus to compel the registration of an FIR when the police have already investigated the incident and reached a conclusion?
  • Is a writ petition for the registration of a criminal case barred by the doctrine of laches if there is an unexplained delay in filing?
  • What is the appropriate legal remedy for an aggrieved party when the police refuse to register a case after having already investigated the incident and formed a conclusion?
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• MUHAMMAD SHAFAT Versus THE STATE2004 PCRLJ 864 · Supreme Court of Azad Jammu and Kashmir
  bail cancellationcircumstantial evidenceqisas and diyatfurther inquirylimitation periodcriminal appeal
  Summary & questions settled

  These criminal appeals arose from a consolidated judgment of the Shariat Court which had accepted a revision petition filed by the complainant and cancelled the pre-trial bail granted to the appellants by the District Criminal Court. The core legal question was whether the cancellation of bail by the Shariat Court was justified, given that the case rested on circumstantial evidence, a legal heir had purportedly pardoned the offence precluding the sentence of Qisas, and further inquiry was warranted into the confessional statements and recoveries. The Supreme Court of Azad Jammu and Kashmir held that the Shariat Court erred in cancelling the bail of the appellants Muhammad Shafat and Muhammad Ashfaque, as the discretion exercised by the trial court in granting bail was neither perverse nor arbitrary, and the matter called for further inquiry. However, the appeal of co-appellant Muhammad Rasheed was dismissed as time-barred. The key principle laid down is that once bail is granted by a court of competent jurisdiction, it cannot be arbitrarily cancelled unless the initial order is perverse, capricious, or fanciful, particularly in cases dependent on circumstantial evidence requiring further inquiry.

  Questions settled

  • Whether bail once granted by a court of competent jurisdiction can be cancelled without establishing that the initial order was perverse, capricious, or arbitrary?
  • Does the waiver of Qisas by an adult legal heir in a murder case constitute a ground for granting bail pending further inquiry into the sentence of Diyyat?
  • Whether an appeal filed before the Supreme Court beyond the prescribed period of limitation without a valid explanation is liable to be dismissed summarily?
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• MUHAMMAD SADIQ Versus ADALAT KHAN2004 PCRLJ 856 · Supreme Court of Azad Jammu and Kashmir
  criminal revisiondismissal for non-prosecutiondecision on meritsbail cancellationcriminal appeal
  Summary & questions settled

  This appeal challenges the judgment and order passed by the Shariat Court of Azad Jammu and Kashmir, whereby a revision petition filed against the order of the District Criminal Court granting bail to the respondents was dismissed for want of prosecution. The core legal question before the Supreme Court was whether a criminal revision petition can be dismissed for non-prosecution instead of being decided on merits. The Supreme Court held that a criminal appeal or revision cannot be dismissed for non-prosecution and must instead be disposed of on merits. Consequently, the Court set aside the impugned order of the Shariat Court, accepted the appeal, and ordered that the revision petition be restored and decided in accordance with law, laying down the principle that criminal matters in revision or appeal must be adjudicated on merits rather than dismissed for default.

  Questions settled

  • Can a criminal revision petition be dismissed for non-prosecution instead of being decided on merits?
  • How should a criminal appeal or revision be disposed of by a court when the appellant or petitioner is absent?
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• RANGBAZ Versus THE STATE2004 PCRLJ 849 · Supreme Court of Azad Jammu and Kashmir · 2002-12-23
  bail cancellationsurrender to policefugitive from lawinterim bailcompetency of appealZina
  Summary & questions settled

  This appeal was filed before the Supreme Court of Azad Jammu and Kashmir against a Shariat Court order dated May 29, 2002, which cancelled the appellant's bail in a case registered under Section 10 of the Offence of Zina (Enforcement of Hudood) Act, 1985. The appellant contended that no prima facie case existed and that he was not served with notice of the Shariat Court proceedings, rendering the cancellation order illegal. Conversely, the prosecution argued that the appeal was incompetent because the appellant had failed to surrender to the police after his bail was cancelled, rendering him a fugitive from law. The Supreme Court found that the appellant was indeed served and had knowledge of the proceedings. Relying on established precedent, the Court held that an accused whose bail has been cancelled by a lower court cannot maintain an appeal or seek interim bail without first surrendering to the police. Consequently, the appeal was dismissed as incompetent, and the interim bail was cancelled.

  Questions settled

  • Whether an appeal against the cancellation of bail is competent if the accused has not surrendered to the police?
  • Can an accused whose bail has been cancelled by the Shariat Court be granted interim or pre-arrest bail by the Supreme Court without courting arrest?
  • What is the legal effect of an accused intentionally avoiding service of notice and failing to appear before the court on the competency of their subsequent appeal?
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• NAEEM AKRAM KHAN Versus MUMTAZ AHMED2004 PCRLJ 837 · Supreme Court of Azad Jammu and Kashmir · 2000-03-08
  statutory baildangerous criminalmurderconspiracybail cancellationCode of Criminal Procedure 1898
  Summary & questions settled

  This appeal challenged the Shariat Court’s decision granting bail to the respondent in a murder case upon the completion of the statutory period under the proviso to Section 497, Code of Criminal Procedure 1898. The core legal question was whether the respondent qualified as a "dangerous criminal," thereby disentitling him to bail despite the statutory delay. The Supreme Court of Azad Jammu and Kashmir held that the respondent was a "dangerous criminal" and set aside the bail order. The Court affirmed that the term "criminal" in the proviso refers to any person involved in a crime, not merely a previous convict. It established that determining whether an accused is "hardened," "desperate," or "dangerous" requires evaluating case-specific circumstances, including the motive, the accused's specific role, the strength of prima facie evidence, and the broader societal impact. Given the respondent's alleged orchestration of a conspiracy, fabrication of a false police report, and the brutal manner of the killing, the Court concluded that the trial court’s initial refusal of bail was correct, ordering the respondent’s immediate re-arrest.

  Questions settled

  • Does the term "criminal" in the proviso to Section 497, Code of Criminal Procedure 1898, require a previous conviction?
  • What factors determine whether an accused is a "dangerous," "hardened," or "desperate" criminal for the purpose of denying statutory bail?
  • Can an appellate court set aside a bail order if the lower court failed to consider the "dangerous" nature of the accused?
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• MUHAMMAD NADEEM JAVED Versus NISAR AHMED KHAN2004 PCRLJ 58 · Supreme Court of Azad Jammu and Kashmir · 2003-07-22
  bail cancellationinordinate delaymurder trialhardened criminalabuse of processstatutory delaycriminal procedure
  Summary & questions settled

  This appeal challenges the Shariat Court's order granting bail to the respondent, an accused in a murder case, on the grounds of trial delay. The core legal question was whether the delay in concluding the trial, following a previous Supreme Court direction to complete it within six months, constituted "inordinate" or "scandalous" delay sufficient to warrant bail for an accused previously categorized as a "hardened and desperate criminal." The Supreme Court held that the bail granted by the Shariat Court was legally unsustainable and ordered its cancellation. The Court affirmed the established principle that delay per se is not a valid ground for bail. For delay to justify bail, it must be so inordinate, scandalous, or shocking that it amounts to an abuse of the process of the court. In this instance, the Court found the delay was not inordinate, noting that the defense had contributed to adjournments and the complexity of the case necessitated time. Consequently, the Court set aside the Shariat Court's order, emphasizing that statutory bail rights are distinct from claims based on trial duration.

  Questions settled

  • Is delay per se a sufficient ground for the grant of bail in non-bailable offences?
  • What constitutes inordinate or scandalous delay sufficient to justify the grant of bail?
  • Can an accused previously denied bail as a hardened and desperate criminal be released on bail solely due to the failure of the trial court to meet a specific deadline for trial completion?
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• MUKHTAR AHMAD Versus HAQ NAWAZ2004 PCrLJ 458 · Supreme Court of Azad Jammu and Kashmir · 2003-11-24
  post-arrest bailpre-arrest bailattempt to murdergrievous hurtcancellation of bailjudicial discretionfirearm injury
  Summary & questions settled

  This appeal challenges a Shariat Court judgment that upheld the bail granted to two accused, Mansha Hussain and Haq Nawaz, by the District Court of Criminal Jurisdiction, Bhimber. The complainant alleged that the accused fired upon him, causing grievous injuries to his knee and thumb. The core legal question was whether the lower courts erred in granting bail despite the presence of prima facie evidence connecting the accused to the offence and the grievous nature of the injuries. The Supreme Court held that while the bail for Mansha Hussain, who only fired at a tractor tyre, was maintained, the bail for Haq Nawaz was cancelled. The Court reasoned that Haq Nawaz was prima facie connected to the commission of the offence, and the injury caused was grievous, falling within the ambit of a murderous attempt. The key principle laid down is that where an accused fires upon a victim, even absent specific intent to kill, the knowledge that such an act could cause death brings the case within the scope of a murderous attempt, justifying the denial of bail.

  Questions settled

  • Can a court decline bail in cases not covered by the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898 if exceptional circumstances exist?
  • Does the act of firing upon a person with knowledge that it could cause death constitute a murderous attempt even if specific intent to kill is not established?
  • Should an appellate court interfere with the discretion exercised by lower courts in bail matters if the order is found to be perverse or contrary to law?
  • Is an accused entitled to bail when prima facie evidence connects them to a non-bailable offence involving grievous injury?
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• MUHAMMAD AFSAR KHAN Versus MUHAMMAD AZAM KHAN2004 PCRLJ 1940 · Supreme Court of Azad Jammu and Kashmir · 2004-06-18
  criminal compromiserevision petitionlimitation periodarbitration in criminal casesacquittalpresumption of correctness
  Summary & questions settled

  This appeal challenges an order of the Shariat Court of Azad Jammu and Kashmir which set aside a trial court's acquittal order based on a compromise. The core legal questions were whether a revision petition filed three and a half years after the acquittal was competent and within the limitation period, and whether a criminal court possesses the legal authority to appoint arbitrators to resolve a criminal matter. The Supreme Court of Azad Jammu and Kashmir held that the revision petition was both time-barred and incompetent, noting that the trial court's proceedings were entitled to a presumption of correctness. Furthermore, the Court held that criminal law does not provide for the appointment of arbitrators to resolve criminal cases, rendering the Shariat Court's order illegal and void. The principle laid down is that criminal proceedings cannot be delegated to arbitration, and a revision petition filed with significant delay without valid justification is not maintainable.

  Questions settled

  • Is a revision petition filed three and a half years after an acquittal order maintainable in a criminal case?
  • Does a criminal court have the legal authority to appoint arbitrators to resolve a criminal matter?
  • Can a compromise in a criminal case be set aside on the basis of an alleged impersonation without sufficient proof?
  • Is a trial court's order of acquittal based on a compromise entitled to a presumption of correctness?
  Read full judgment →
• MUHAMMAD SAGHEER Versus THE STATE2004 PCRLJ 1925 · Supreme Court of Azad Jammu and Kashmir · 2004-07-02
  post-arrest bailmurdersuppression of material factsfurther inquiryunexplained injuriescriminal revisionfirearm injury
  Summary & questions settled

  This criminal appeal arises from a judgment of the Shariat Court which dismissed the revision petition of the accused-appellant, Muhammad Sagheer, seeking release on bail in a murder case registered under Section 302 of the Azad Penal Code. The core legal question was whether the accused was entitled to post-arrest bail given that the prosecution allegedly suppressed material facts, including a firearm injury sustained by the accused during the occurrence and alternative versions of how the incident unfolded. The Supreme Court of Azad Jammu and Kashmir held that where the prosecution suppresses material facts such as injuries on the person of the accused and discrepancies exist regarding the manner of the assault, reasonable doubt is created, bringing the case within the scope of further inquiry under the law. The Court laid down the principle that the suppression of material facts and unexplained injuries on the accused at the time of the incident entitles the accused to the concession of bail.

  Questions settled

  • Whether the suppression of material facts and injuries on the person of the accused by the prosecution entitles the accused to post-arrest bail?
  • Does a case fall within the purview of further inquiry when the prosecution version regarding the manner of the occurrence is rendered doubtful by police records and medical evidence?
  • Whether the presence of gun-powder and unexplainable circumstances surrounding a single or multiple gunshots warrants the grant of bail in a murder case?
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• MUHAMMAD AZAM DURRANI Versus EHTESAB BUREAU2004 PCRLJ 1898 · Supreme Court of Azad Jammu and Kashmir · 2004-06-09
  criminal breach of trustforgerydefective chargeEhtesab Courtmisappropriationpublic servantCode of Criminal Procedure
  Summary & questions settled

  This appeal challenges the conviction of a public servant for criminal breach of trust and forgery by an Ehtesab Court. The appellant contended that the charge framed under Section 242, Code of Criminal Procedure 1898 was defective and that the statement recorded under Section 342, Code of Criminal Procedure 1898 failed to put all incriminating evidence to him, thereby vitiating the trial. The Court held that under Section 225, Code of Criminal Procedure 1898, errors or omissions in a charge are immaterial unless they mislead the accused or cause a failure of justice. Regarding the charge of criminal breach of trust, the Court affirmed that specifying the gross sum is sufficient under Section 222(2), Code of Criminal Procedure 1898. The Court further ruled that the failure to prosecute a co-accused does not exonerate the appellant from criminal liability. While upholding the conviction and substantive imprisonment, the Court modified the sentence of fine, noting that the evidence did not conclusively establish the exact portion of the embezzled amount received by the appellant, rendering the total fine unjust.

  Questions settled

  • Does a defect in the framing of a charge under Section 242 of the Code of Criminal Procedure 1898 automatically vitiate a trial?
  • Is it necessary to specify exact items and dates in a charge of criminal breach of trust?
  • Does the failure to prosecute a co-accused exonerate the primary accused from criminal liability for embezzlement?
  • Can a conviction be sustained if the statement of the accused under Section 342 of the Code of Criminal Procedure 1898 omits some incriminating evidence?
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• MUHAMMAD JAHANGIR Versus KALA KHAN2004 PCRLJ 1843 · Supreme Court of Azad Jammu and Kashmir · 2004-07-02
  post-arrest bailfurther inquirymedical evidence conflictocular evidenceabsconsionmurderdiscretionary relief
  Summary & questions settled

  This judgment decides two cross-appeals arising from a criminal case involving charges under Sections 302, 324, 341, 34, and 337-A/1 of the Azad Penal Code. The prosecution alleged that the accused persons, including Muhammad Jahangir and Munsif Dad Khan, assaulted the deceased with bricks, causing injuries to his left eye and temporal region, which eventually led to his death after three months. The trial court refused bail, but the Shariat Court granted bail to Munsif Dad Khan while denying it to Muhammad Jahangir. On appeal, the Supreme Court of Azad Jammu and Kashmir observed a significant conflict between the ocular account (alleging injuries to the left eye and left temporal region) and the medical evidence (noting death due to injuries to the right eye and front temporal region). Additionally, the deceased had gone home instead of seeking recommended hospital care prior to his death. The Court held that these discrepancies and the question of medical negligence brought the case within the ambit of further inquiry. Consequently, the Court allowed bail to Muhammad Jahangir and maintained the bail granted to Munsif Dad Khan.

  Questions settled

  • Whether a material conflict between ocular evidence and the post-mortem report regarding the locale of injuries justifies the grant of bail on the ground of further inquiry?
  • Does the mere fact of an accused's temporary absconsion constitute conclusive proof of guilt or automatically disentitle them to post-arrest bail?
  • Can the potential negligence of an injured victim in failing to follow medical advice, leading to death after a considerable delay, be considered a ground for further inquiry at the bail stage?
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• MUHAMMAD ARSHAD Versus MUHAMMAD MUSHTAQ2004 PCRLJ 167 · Supreme Court of Azad Jammu and Kashmir · 2003-07-02
  post-arrest bailbail cancellationsubsequent challancounter versionmurdertentative assessmentfurther inquiry
  Summary & questions settled

  This criminal appeal arises from a judgment of the Shariat Court of Azad Jammu and Kashmir which released the accused-respondents on bail based on a subsequent police investigation report. The core legal question was whether the existence of a subsequent challan setting up a counter-version constitutes sufficient ground for granting post-arrest bail in a murder case when ocular evidence, medical reports, and recoveries strongly implicate the first set of accused persons. The Supreme Court of Azad Jammu and Kashmir held that the Shariat Court erred in granting bail based on a fake and concocted subsequent version. The ratio laid down is that a subsequent police challan lacking substance or appearing fictitious does not constitute grounds for further inquiry to grant bail, especially when natural eye-witnesses and an injured witness consistently implicate the accused in the initial challan, and where the primary offenses carry capital punishment, making bail an exception.

  Questions settled

  • Whether the submission of a subsequent police challan presenting a counter-version automatically entitles accused persons to post-arrest bail?
  • Can a fake and concocted subsequent investigation report serve as a valid ground for further inquiry under criminal procedure?
  • Is deep scrutiny of evidence permissible at the stage of deciding a bail application in a murder case?
  • What is the standard rule regarding the grant of bail in cases punishable with death or imprisonment for life?
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• Mst. MAQSOOD BEGUM Versus SARFRAZ alias PALOO2004 PCRLJ 148 · Supreme Court of Azad Jammu and Kashmir · 2003-10-23
  bail cancellationmurderdeep scrutiny of evidencejudicial discretiontentative assessmentocular evidenceAzad Penal Code
  Summary & questions settled

  This appeal arises from a murder case under sections 302 and 34 of the Azad Penal Code, where the Shariat Court granted bail to the accused-respondents. The complainant challenged this, contending that the lower courts improperly conducted a deep scrutiny of evidence at the bail stage, ignoring strong prima facie evidence including ocular testimony, recovery of weapons, and an inculpatory statement. The core legal question was whether the lower courts erred in their exercise of judicial discretion by appreciating evidence in minute detail, thereby disregarding established bail principles. The Supreme Court held that the lower courts acted capriciously by performing a deep analysis of evidence, which is impermissible at the bail stage. The Court established that at the bail stage, only a tentative assessment is required, and if the prosecution version remains unrebutted, it must be accepted. Finding that the material collected sufficiently connected the accused to the crime, the Court set aside the impugned judgments and ordered the cancellation of the accused's bail, directing them to be taken into custody pending trial.

  Questions settled

  • Is a deep scrutiny of evidence permissible at the stage of bail?
  • Can the appellate court interfere with a bail order if the lower court failed to consider material evidence?
  • Does a delay in recording statements under Section 161 of the Code of Criminal Procedure 1898 automatically invalidate prosecution evidence at the bail stage?
  • Should the prosecution version be accepted as true at the bail stage if it remains unrebutted?
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• MUHAMMAD NAZIR Versus THE STATE2004 PCRLJ 138 · Supreme Court of Azad Jammu and Kashmir · 2003-10-23
  post-arrest bailfurther inquirydelayed FIRZinasexual assaultconsenting partycriminal appeal
  Summary & questions settled

  This appeal challenges the Shariat Court's refusal to grant bail to the appellant, who was charged under Section 10 of the Enforcement of Hudood (Zinc) Act, 1985. The core legal question was whether the appellant was entitled to bail given the significant delays in reporting the alleged sexual assault and the victim's failure to disclose the incident for four months. The Supreme Court of Azad Jammu and Kashmir held that the case fell within the scope of "further inquiry" under Section 497(2) of the Code of Criminal Procedure 1898. The Court reasoned that the unexplained fifteen-day delay in filing the FIR after the complainant discovered the incident, combined with the victim's four-month silence and potential status as a consenting party, created sufficient doubt to warrant bail. The key principle laid down is that where the prosecution's narrative regarding the timing and reporting of an offense is significantly delayed and unexplained, and where the victim’s conduct suggests potential consent or complicity, the accused is entitled to bail pending further inquiry into the veracity of the allegations.

  Questions settled

  • Does a significant, unexplained delay in lodging an FIR warrant the grant of bail under the principle of further inquiry?
  • Can an accused be released on bail when the victim's failure to report an alleged sexual assault for several months raises questions of consent?
  • When does a case qualify for bail under the 'further inquiry' provision of Section 497(2) of the Code of Criminal Procedure 1898?
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• FAZAL HUSSAIN and another Versus MUHAMMAD MALIK and another2004 PCRLJ 1373 · Supreme Court of Azad Jammu and Kashmir · 2004-03-26
  suspension of sentencepost-arrest bailprohibitory clausevicarious liabilitycommon intentionappellate jurisdiction
  Summary & questions settled

  This appeal challenges the judgment of the Shariat Court of Azad Jammu and Kashmir which suspended the sentence of the respondents and released them on bail following their conviction for various offences including murder. The core legal question concerns the propriety of suspending a sentence under Section 426 of the Code of Criminal Procedure 1898 for a conviction falling under the prohibitory clause, and whether the appellate court properly assessed the evidence at the bail stage. The Supreme Court held that the Shariat Court's order suspending the sentence was valid and justified, noting that no overt act or fatal injury was attributed to the respondents towards the deceased, and that the principal accused had absconded and remained untried, making vicarious liability difficult to determine at this stage. The key principle laid down is that an appellate court may suspend a sentence and grant bail under Section 426 of the Code of Criminal Procedure 1898 when tentative assessment shows that the conviction requires re-examination, particularly where no fatal role is attributed to the petitioners and the liability of co-accused is intertwined with an untried principal accused.

  Questions settled

  • Whether an appellate court can suspend a sentence and release a convict on bail under Section 426 of the Code of Criminal Procedure 1898 when the conviction falls within the prohibitory clause?
  • Does the mere presence of an accused at the scene of the crime justify denying bail when no overt act or fatal injury is attributed to them?
  • Can the question of vicarious liability and common intention be properly determined when the principal accused has absconded and not yet been tried?
  • To what extent can an appellate court make a tentative assessment of evidence while considering an application for suspension of sentence under Section 426 of the Code of Criminal Procedure 1898?
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• MUSHARRAF HUSSAIN Versus MUSHTAQ AHMAD and another2004 PCRLJ 1361 · Supreme Court of Azad Jammu and Kashmir
  post-arrest bailmurderfatal injuryself-defencesudden fightbenefit of doubtcriminal revision
  Summary & questions settled

  This criminal appeal challenges a judgment of the Shariat Court dismissing a revision petition and refusing post-arrest bail to the appellant, who was charged under sections 324, 147, 148, 149, 337-A, 337-F, and 302 of the Azad Penal Code. The core legal question involved whether the appellant was entitled to bail on the grounds of sudden fight, lack of premeditation, injuries sustained by the accused party, and the rule of consistency since co-accused had been granted bail. The Supreme Court of Azad Jammu and Kashmir held that the appellant was the principal accused attributed with a fatal blow on the head of the deceased with a lethal weapon, that the plea of self-defence was not established at this stage since the timing of the accused's injuries remained unverified, and that the prosecution evidence was near conclusion. The appeal was accordingly dismissed, affirming the refusal of bail.

  Questions settled

  • Whether an accused claiming self-defence at the bail stage must have expressly pleaded it under section 242 of the Code of Criminal Procedure?
  • Does sustaining injuries during an occurrence automatically entitle an accused to post-arrest bail in a murder case?
  • Whether bail can be refused when the trial is at its concluding stage and prima facie incriminating evidence connects the accused to the fatal blow?
  Read full judgment →
• ZUBAIR HUSSAIN Versus THE STATE through Advocate-General, Azad Jammu and Kashmir and another2004 PCRLJ 1355 · Supreme Court of Azad Jammu and Kashmir · 2004-04-02
  bailfurther inquiryconflict in statementsbenefit of doubtcriminal appealeye-witnessesjuvenile accused
  Summary & questions settled

  This appeal is directed against the judgment of the Shariat Court of Azad Jammu and Kashmir, whereby bail was denied to the appellant, Zubair Hussain, facing trial for offences under sections 324, 337, 341, and 109 of the Azad Penal Code and sections 13/20/65 of the Arms Ordinance. The core legal question was whether the appellant was entitled to bail in view of conflicting statements of eyewitnesses recorded under section 161 of the Code of Criminal Procedure, creating a case of further inquiry. The Supreme Court of Azad Jammu and Kashmir held that where the statements of prosecution witnesses relied upon in the calendar of challan are in direct conflict with the statements of the injured witnesses, the benefit of doubt must be extended to the accused even at the bail stage. Consequently, the appeal was accepted, the impugned judgments were set aside, and bail was granted to the appellant on furnishing requisite security. The key principle laid down is that material contradictions and conflicts in the statements of prosecution eyewitnesses at the initial investigative stage bring the case of an accused within the purview of further inquiry under section 497(2) of the Code of Criminal Procedure, warranting the grant of bail.

  Questions settled

  • Whether the benefit of doubt arising from conflicting statements of prosecution witnesses can be extended to an accused at the bail stage?
  • Does a contradiction between the statements of injured witnesses and other eyewitnesses bring a case within the purview of further inquiry?
  • Is an accused entitled to bail when the evidence collected during investigation prima facie creates a dent in the prosecution story?
  Read full judgment →
• MUHAMMAD AFZAL Versus Mst. RIAZ BEGUM and 2 others2004 PCRLJ 1349 · Supreme Court of Azad Jammu and Kashmir · 2004-03-26
  appeal against acquittalre-appraisal of evidencemiscarriage of justiceZinacriminal appealperverse judgment
  Summary & questions settled

  This appeal challenged a judgment of the Shariat Court of Azad Jammu and Kashmir, which had affirmed the acquittal of the respondents by the District Court of Criminal Jurisdiction, Mirpur, in a case involving charges under the Offence of Zina (Enforcement of Hudood) Act, 1985. The appellant argued that the trial court had correctly convicted the respondents based on evidence and that the appellate courts erred in acquitting them without sufficient reasoning. The Supreme Court of Azad Jammu and Kashmir examined the principles governing appeals against acquittal. It held that an appellate court should not interfere with an acquittal order unless the judgment is perverse, completely illegal, based on a misreading of evidence, or results in a miscarriage of justice. Finding that the lower courts' decisions were based on sound reasoning and noting contradictions in the prosecution's evidence—specifically regarding the state of the accused—the Supreme Court dismissed the appeal, affirming that it would not re-appraise evidence in the absence of gross injustice.

  Questions settled

  • Under what circumstances will the Supreme Court interfere with an order of acquittal?
  • Is re-appraisal of evidence permissible in an appeal against an acquittal order?
  • Does an acquittal order require setting aside if it is based on sound reasoning and not perverse?
  Read full judgment →
• MUHAMMAD SIDDIQUE Versus MUHAMMAD GHAFOOR2004 PCRLJ 1341 · Supreme Court of Azad Jammu and Kashmir · 2003-06-20
  acquittalSection 249-A Cr.P.C.Diyyatabetmentcommon intentioncompromisecriminal appeal
  Summary & questions settled

  This criminal appeal challenges a judgment of the Shariat Court which set aside the trial court's order of acquittal for the appellants. The appellants were charged with abetment and common intention in a murder case, while the principal accused had already been acquitted following a compromise and payment of 'Diyyat'. The core legal question was whether the trial court could invoke Section 249-A, Code of Criminal Procedure 1898 to acquit the appellants solely because the principal accused had settled with the complainant party. The Supreme Court of Azad Jammu and Kashmir held that the trial court's acquittal was unjustified, as the appellants were charged with distinct roles of abetment and common intention, and the complainant party had not compromised with them. The Court affirmed the principle that a compromise between the complainant and one accused does not automatically entitle co-accused or abettors to acquittal under Section 249-A, Cr.P.C. when substantial prima facie evidence exists to connect them to the crime. Consequently, the appeal was dismissed, and the trial court was directed to proceed with the trial.

  Questions settled

  • Can an accused be acquitted under Section 249-A, Code of Criminal Procedure 1898 solely because a co-accused has compromised with the complainant?
  • Does a compromise between the complainant and the principal accused automatically extend to co-accused charged with abetment?
  • Is a trial court justified in acquitting accused persons under Section 249-A, Code of Criminal Procedure 1898 when substantial prima facie evidence connects them to the offence?
  Read full judgment →
• MUHAMMAD IDREES KIANI Versus THE STATE2004 PCRLJ 1264 · Supreme Court of Azad Jammu and Kashmir · 2003-10-10
  post-arrest bailcross-casescounter-challansfurther inquiryaggressorrule of consistencyFirst Information Report
  Summary & questions settled

  This criminal appeal challenges the judgment of the Shariat Court of Azad Jammu and Kashmir, which dismissed the appellant's post-arrest bail application in a case involving cross-First Information Reports registered under sections 302, 324, 147, 148, and 149 of the Azad Penal Code. The core legal question concerned the entitlement of an accused to bail in cross-cases where both parties submitted challans and it remained undetermined during investigation as to which party was the aggressor. The Supreme Court held that where two counter-versions and counter-challans exist and the identity of the aggressor is uncertain, the case falls squarely within the scope of further inquiry under subsection (2) of section 497 of the Code of Criminal Procedure 1898, justifying the grant of bail. The Court laid down the principle that while mere filing of a counter-version does not automatically entitle an accused to bail, where the circumstances and record demonstrate a genuine lack of clarity regarding the aggressor coupled with improvements in subsequent statements over the initial First Information Report, the rule of consistency and further inquiry operates in favor of granting bail.

  Questions settled

  • Whether an accused is entitled to bail under section 497(2) of the Code of Criminal Procedure 1898 in cross-cases where the investigating agency submits counter-challans and the identity of the aggressor is yet to be determined?
  • Does the filing of a counter-First Information Report and counter-challan automatically entitle an accused person to the grant of bail in all circumstances?
  • Can the court assess incriminating material and evidentiary value while deciding a bail application for a non-bailable offence?
  • Does a material contradiction or improvement between the initial First Information Report and subsequent statements under section 161 of the Code of Criminal Procedure 1898 provide reasonable grounds for further inquiry into the guilt of the accused?
  Read full judgment →
• MUHAMMAD ASLAM KHAN Versus FARQUAT HUSSAIN2004 PCRLJ 1248 · Supreme Court of Azad Jammu and Kashmir · 2003-04-23
  pre-arrest baildifference of opinionbail matterremand of caseappellate jurisdictioncriminal procedure
  Summary & questions settled

  These criminal appeals challenge a judgment of the Shariat Court confirming pre-arrest bail for respondents facing charges under sections 324, 341, 337/34, 427, 148, 149 and 506 of the Azad Penal Code. The core legal question was whether, upon a difference of opinion between members of a trial court regarding bail, the appellate or reference court must automatically adopt the view favourable to the accused as a settled principle of law. The Supreme Court of Azad Jammu and Kashmir held that the Shariat Court erred in confirming the bail solely on the presumption that the view favouring the accused must be followed in bail matters. The Supreme Court clarified that the principle of preferring an explanation favourable to the accused applies to final criminal verdicts, whereas bail matters must be decided on their own merits by examining the F.I.R., statements under section 161 of the Criminal Procedure Code, and other available material. Consequently, the impugned judgment was set aside, and the cases were remanded to the Shariat Court for fresh decision on merits.

  Questions settled

  • Whether an appellate court hearing a bail reference upon a difference of opinion must automatically adopt the view favouring the accused?
  • Does the principle of giving the benefit of a plausible explanation to the accused apply to bail matters?
  • On what material should a court decide an application for bail?
  Read full judgment →
• RIASAT HUSSAIN Versus THE STATE2004 PCRLJ 1218 · Supreme Court of Azad Jammu and Kashmir · 2003-05-02
  post-arrest bailfurther inquiryvicarious liabilityframing of chargeunnominated accusedcriminal revision
  Summary & questions settled

  This criminal appeal arises from a judgment of the Shariat Court concerning bail and trial proceedings. The core legal questions involve whether pre-trial bail was rightly granted to accused persons not nominated in the FIR whose recovered weapons were not linked to the fatal injury, and whether the framing of charge under Section 242 of the Code of Criminal Procedure was defective. The Supreme Court of Azad Jammu and Kashmir held that where accused persons were not nominated in the FIR, not identified by eyewitnesses, and their recovered weapons were prima facie not used in the crime, their case falls within the scope of further inquiry warranting bail. Furthermore, formal charges under Section 242 are meant to ascertain whether the accused admit or deny the guilt, and where they plead not guilty without suffering prejudice, the proceedings are valid. The appeal was accordingly dismissed, affirming the orders of the courts below.

  Questions settled

  • Whether bail can be granted to accused persons who are not nominated in the FIR and whose recovered weapons are not connected to the fatal injury?
  • Does the absence of the Sessions Judge vitiate a bail order passed by the District Qazi under the circumstances of the case?
  • What is the primary legal scope and objective of recording statements and framing charges under Section 242 of the Code of Criminal Procedure 1898?
  Read full judgment →
• THE STATE Versus GHULAM RASOOL2004 PCRLJ 1189 · Supreme Court of Azad Jammu and Kashmir · 2003-06-20
  post-arrest bailrule of consistencytentative assessmentmurdercriminal revisionappreciation of evidence
  Summary & questions settled

  This criminal revision petition is directed against the order of the Shariat Court of Azad Jammu and Kashmir whereby the accused-respondent was granted bail in a case registered under section 302/34 of the Azad Penal Code. The core legal question revolves around whether the rule of consistency in granting bail applies when the role attributed to the accused in the FIR differs from the subsequent statements of eye-witnesses at trial, and whether the appellate court engaged in deep appreciation of evidence at the bail stage. The Supreme Court of Azad Jammu and Kashmir held that the Shariat Court was justified in granting bail by applying the rule of consistency as the role of the accused-respondent was prima facie identical to that of a co-accused who had already been released on bail. The Court laid down the principle that while courts must examine material such as the FIR, statements of witnesses, and medical evidence at the bail stage, they should restrict themselves to a tentative assessment of the material rather than deep appreciation of evidence, ensuring that any doubt during tentative assessment is resolved in favor of the accused.

  Questions settled

  • Whether the rule of consistency applies in granting bail when co-accused with similar roles have already been released on bail?
  • To what extent can a court delve into the appreciation of evidence at the bail stage?
  • Is it mandatory for a court to examine the FIR, statements of witnesses, and medical evidence when deciding a bail application?
  • How should doubts arising during the tentative assessment of evidence at the bail stage be resolved?
  Read full judgment →
• MUHAMMAD SIDDIQUE and another Versus MUHAMMAD RASHID and 3 others2004 PCRLJ 1096 · Supreme Court of Azad Jammu and Kashmir
  section 145 crpcinherent jurisdictioncivil court injunctionbreach of peacequashing of proceedingspossession regulatedmagistrate jurisdiction
  Summary & questions settled

  This appeal by leave arose from a judgment of the High Court dismissing an application under Section 561-A of the Code of Criminal Procedure 1898, which sought to quash proceedings initiated by a Magistrate under Section 145 of the Code of Criminal Procedure 1898 regarding a property whose possession had already been regulated by a civil court via an interim injunction. The core legal question was whether a Magistrate has jurisdiction to initiate proceedings under Section 145 of the Code of Criminal Procedure 1898 when a competent civil court is already seized of the matter and has regulated possession, and whether the High Court's inherent jurisdiction under Section 561-A can be invoked when a revisional remedy is concurrently available. The Supreme Court of Azad Jammu and Kashmir held that once a civil court has regulated possession through an interim injunction or decree, a Magistrate lacks lawful jurisdiction to initiate proceedings or order attachment under Section 145, though preventive measures under Sections 107 and 151 may be taken if a breach of the peace is apprehended. The Court further held that inherent powers under Section 561-A are lawfully invocable to quash illegal proceedings without jurisdiction, laying down the principle that the civil court is the ultimate arbiter of property rights and criminal courts must abstain from interfering in matters sub judice before civil courts.

  Questions settled

  • Does a Magistrate have jurisdiction to initiate proceedings under Section 145 of the Code of Criminal Procedure 1898 when a civil court has already regulated possession of the property?
  • Can the inherent powers of the High Court under Section 561-A of the Code of Criminal Procedure 1898 be invoked to quash proceedings when an alternative revisional remedy is available?
  • What is the appropriate legal recourse for authorities to prevent a breach of the peace when a civil court has already issued an injunction regulating property possession?
  Read full judgment →
• KHALID HUSSAIN Versus Raja KALA KHAN and 2 others2004 PCRLJ 1080 · Supreme Court of Azad Jammu and Kashmir
  post-arrest bailmurderfurther inquirycircumstantial evidencedelayed FIRbail dismissal
  Summary & questions settled

  This appeal arises from a judgment of the Shariat Court which dismissed a revision petition and upheld the grant of post-arrest bail to the respondents by the trial court in a murder case registered under sections 302, 201, 109, and 34 of the Azad Penal Code. The core legal question was whether the respondents were entitled to bail under subsection (2) of section 497 of the Code of Criminal Procedure on the ground that the case called for further inquiry, given the circumstantial nature of the evidence, a delayed First Information Report, and delayed statements of witnesses. The Supreme Court of Azad Jammu and Kashmir held that where the evidence requires further probe and testing at trial, including questions regarding delayed reporting and circumstantial links, the lower courts committed no illegality or arbitrary exercise of jurisdiction in granting bail. The appeal was accordingly dismissed, affirming the view that a case of further inquiry warrants the concession of bail.

  Questions settled

  • When is an accused entitled to bail on the ground of further inquiry under subsection (2) of section 497 of the Code of Criminal Procedure 1898?
  • Does a delayed First Information Report and delayed recording of witness statements justify a case for further probe in a murder trial?
  • What weight should be attached to the concurrent findings of lower courts in granting post-arrest bail?
  Read full judgment →
• GHULAM FARID and 7 others Versus MUHAMMAD SHAFIQUE and another2004 PCRLJ 1060 · Supreme Court of Azad Jammu and Kashmir
  revision petitioncross-examinationrecall of witnessdiscretionary powersCode of Criminal Procedure
  Summary & questions settled

  This revision petition challenges an order passed by the Shariat Court dismissing a revision against the District Court's refusal to summon a prosecution witness for further cross-examination. The core legal question revolves around whether the trial court was justified in refusing to recall a prosecution witness under Section 540 of the Code of Criminal Procedure. The Supreme Court of Azad Jammu and Kashmir held that the powers under Section 540 Cr.P.C. are intended to be used sparingly and only when the evidence is essential for the just decision of the case, not to aid a party that has already had full opportunity to cross-examine, nor to cause deliberate delays. The Court laid down the principle that while courts possess wide discretionary powers to summon or recall witnesses at any stage under Section 540 Cr.P.C., such powers must be exercised judiciously to meet the ends of justice and should not be invoked on frivolous grounds or to prolong proceedings.

  Questions settled

  • Whether the court can recall or re-examine a witness under Section 540 of the Code of Criminal Procedure at any stage of the trial?
  • Is the power of the court to summon or recall a witness under Section 540 Cr.P.C. mandatory or discretionary?
  • Can an application to recall a witness for further cross-examination be allowed after an inordinate delay when full opportunity was previously provided?
  Read full judgment →
• MUHAMMAD SHABIR Versus THE STATE2004 PCRLJ 1030 · Supreme Court of Azad Jammu and Kashmir
  Prohibition of Hudood Ordinancebenefit of doubtadverse presumptionmaterial witnessescriminal appealmedical evidenceacquittal
  Summary & questions settled

  This criminal appeal challenges the judgment of the Shariat Court, which upheld the appellant's conviction for public intoxication under Section 11 of the Prohibition of Hudood Ordinance. The core legal question was whether the prosecution successfully established the charge despite the failure to produce material witnesses and the presence of ambiguity in the medical evidence. The Supreme Court of Azad Jammu and Kashmir held that the prosecution failed to prove its case beyond reasonable doubt. The Court observed that the only independent witness produced was declared hostile, and other material witnesses were withheld, raising an adverse presumption against the prosecution. Furthermore, the medical expert admitted that the symptoms observed could result from medicinal treatment rather than alcohol consumption. Consequently, the Court set aside the lower courts' orders and acquitted the appellant. The key principle laid down is that where material witnesses are withheld and medical evidence is inconclusive, the benefit of the doubt must be extended to the accused, as the presumption of innocence remains until a definitive judicial verdict is recorded.

  Questions settled

  • Does the failure to produce material witnesses in a criminal trial create an adverse presumption against the prosecution?
  • Is an accused entitled to the benefit of doubt when medical evidence regarding intoxication is inconclusive?
  • Does the presumption of innocence persist until a final judicial verdict is recorded?
  Read full judgment →
• MUHAMMAD KHAN Versus THE STATE2001 PCRLJ 652 · Supreme Court of Azad Jammu and Kashmir · 1999-11-01
  Qisascapital punishmentinterested witnessesstandard of proofmitigating circumstancesocular evidencecriminal appeal
  Summary & questions settled

  This appeal arises from a conviction for murder and attempted murder involving a dispute over a felled tree. The trial court sentenced the principal accused to death as Qisas and the co-accused to imprisonment. The core legal question was whether the prosecution evidence, primarily consisting of interested and inter-related witnesses, was sufficient to sustain the death penalty, particularly given contradictions regarding the site plan, the weak eyesight of a key witness, and procedural flaws in the recovery of the weapon. The Court held that while the appellants were responsible for the incident, the evidence did not meet the stringent standard required for a Qisas sentence, which necessitates the testimony of two adult male Muslims (Adil). The Court found the ocular evidence unreliable for a capital sentence due to the witnesses' enmity and physical limitations. Consequently, the Court set aside the death sentence, converting it to life imprisonment for the principal accused, and sentenced the co-accused to the period already served, emphasizing that in cases of doubt and mitigating circumstances, severe penalties like Qisas are not advisable.

  Questions settled

  • Is the testimony of a female witness sufficient to establish a sentence of Qisas under Islamic law?
  • Can a death sentence be sustained when the prosecution relies on interested witnesses and contradictory site plans?
  • Does the failure to recover a weapon at the pointation of the accused weaken the prosecution's case?
  • What is the required standard of evidence for awarding a sentence of Qisas?
  Read full judgment →
• ARSHAD RAZZAQ Versus THE STATE1998 PCRLJ 1331 · Supreme Court of Azad Jammu and Kashmir · 1998-03-21Read full judgment →
• ARSHID MAHMOOD Versus ASHTIAQUE AHMAD1997 PCRLJ 446 · Supreme Court of Azad Jammu and Kashmir · 1996-12-11Read full judgment →
• HABIB MEHMOOD Versus BILQEES FATIMA1997 PCRLJ 390 · Supreme Court of Azad Jammu and Kashmir · 1996-12-14Read full judgment →
• MUHAMMAD RAMZAN Versus THE STATE1997 PCRLJ 376 · Supreme Court of Azad Jammu and Kashmir · 1996-11-24Read full judgment →
• MST. REHMAT BIBI Versus MUHAMMAD NAJIB1997 PCRLJ 331 · Supreme Court of Azad Jammu and Kashmir · 1996-11-25Read full judgment →
• MUHAMMAD SULAMAN Versus STATE1997 PCRLJ 229 · Supreme Court of Azad Jammu and Kashmir · 1996-08-15Read full judgment →
• KHADIM HUSSAIN QAISER, ADVOCATE/MEMBER, PUNJAB BAR COUNCIL, GUJRAT Versus PRESIDENT, BAR ASSOCIATION, GUJRAT1997 PCRLJ 156 · Supreme Court of Azad Jammu and Kashmir · 1996-07-17Read full judgment →
• MUHAMMAD RAFIQUE Versus IBRAR HUSSAIN1997 PCRLJ 10 · Supreme Court of Azad Jammu and Kashmir · 1996-06-24Read full judgment →
• STATE Versus MUHAMMAD AYUB KHAN1994 PCRLJ 698 · Supreme Court of Azad Jammu and KashmirRead full judgment →
• MIR MUHAMMAD Versus STATE1994 PCRLJ 2159 · Supreme Court of Azad Jammu and Kashmir · 1994-07-12Read full judgment →
• ANJUM NISAR MIR Versus STATE1994 PCRLJ 2021 · Supreme Court of Azad Jammu and Kashmir · 1994-04-24Read full judgment →
• FRESH WATER FISHERIES (PVT.) LIMITED, KARACHI Versus MEHMOODUL HAQ USMANI1994 PCRLJ 2019 · Supreme Court of Azad Jammu and Kashmir · 1994-06-08Read full judgment →
• FATIMA BIBI Versus ADDITIONAL SECRETARY1994 PCRLJ 2016 · Supreme Court of Azad Jammu and Kashmir · 1994-05-09Read full judgment →
• MUHAMMAD SHABBIR ALIAS KALANDAR Versus STATE1994 PCRLJ 1027 · Supreme Court of Azad Jammu and Kashmir · 1994-02-10Read full judgment →
• MUHAMMAD ISHAQUE Versus THE STATE1992 PCRLJ 594 · Supreme Court of Azad Jammu and Kashmir · 1991-12-28Read full judgment →
• THE STATE Versus JEHANDAD KHAN1992 PCRLJ 592 · Supreme Court of Azad Jammu and Kashmir · 1991-12-09Read full judgment →
• ABDUL RAZAQ Versus THE STATE1992 PCRLJ 1861 · Supreme Court of Azad Jammu and Kashmir · 1992-05-30Read full judgment →
• RAJA FAIZULLAH KHAN Versus RAUBKAR ADALAT1992 PCRLJ 1649 · Supreme Court of Azad Jammu and Kashmir · 1992-05-10Read full judgment →
• SHEROO KHAN Versus KALOO KHAN1992 PCRLJ 110 · Supreme Court of Azad Jammu and Kashmir · 1991-10-19Read full judgment →
• GULZAR KHAN Versus THE STATE1992 PCRLJ 107 · Supreme Court of Azad Jammu and Kashmir · 1991-10-03Read full judgment →
• MUHAMMAD SIDDIQUE Versus THE STATE1991 PCRLJ 866 · Supreme Court of Azad Jammu and Kashmir · 1991-02-24Read full judgment →
• MUHAMMAD RAFIQUE Versus THE STATE1991 PCRLJ 857 · Supreme Court of Azad Jammu and Kashmir · 1991-02-18Read full judgment →
• SYED GHULAM MURTAZA Versus BABER AKBAR1991 PCRLJ 720 · Supreme Court of Azad Jammu and Kashmir · 1982-04-14Read full judgment →
• AMJAD HUSSAIN Versus GHULAM RASOOL MIR1991 PCRLJ 685 · Supreme Court of Azad Jammu and Kashmir · 1991-02-16Read full judgment →
• MUHAMMAD SIDDIQUE Versus THE STATE1991 PCRLJ 683 · Supreme Court of Azad Jammu and Kashmir · 1991-01-23Read full judgment →
• ARSHAD AHMAD Versus THE STATE1991 PCRLJ 559 · Supreme Court of Azad Jammu and Kashmir · 1990-12-05Read full judgment →
• SARDAR MUHAMMAD KHAN Versus MUHAMMAD AFSAR KHAN1991 PCRLJ 508 · Supreme Court of Azad Jammu and Kashmir · 1990-12-08Read full judgment →
• SARDAR ALI SHAH Versus THE STATE A.R. Zubair Butt , M. Nisar Mirza, Addl. A.-G. for the State.1991 PCRLJ 221 · Supreme Court of Azad Jammu and Kashmir · 1990-07-17Read full judgment →
• THE STATE Versus NOOR AHMAD ALIAS THOLA1991 PCRLJ 2007 · Supreme Court of Azad Jammu and Kashmir · 1991-06-20Read full judgment →
• MUHAMMAD SHARIF KHAN Versus THE STATE Raja Sher Muhammad Khan , Sardar Muhammad Sadiq Khan Addl. A.-G. for the State,Rafique Mahmood Khan1991 PCRLJ 1992 · Supreme Court of Azad Jammu and Kashmir · 1991-06-06Read full judgment →
• THE STATE Versus MUHAMMAD QASIM1991 PCRLJ 1856 · Supreme Court of Azad Jammu and Kashmir · 1991-06-11Read full judgment →
• MUHAMMAD FAZIL KHAN Versus MST. AMIR JAN Sardar Muhammad Sabir Khan , Muhammad Rahim Khan1991 PCRLJ 1849 · Supreme Court of Azad Jammu and KashmirRead full judgment →
• ALI ASGHAR KHAN Versus STATE1989 PCRLJ 303 · Supreme Court of Azad Jammu and Kashmir · 1988-12-06Read full judgment →
• MUHAMMAD AKBAR ALIAS AKOO Versus SHAKOOR ALAM AND 2 OTHERS1988 PCRLJ 2428 · Supreme Court of Azad Jammu and Kashmir · 1988-10-11Read full judgment →
• MUHAMMAD SIDDIQUE AND 3 OTHERS Versus THE STATE1988 PCRLJ 2422 · Supreme Court of Azad Jammu and Kashmir · 1988-10-16Read full judgment →
• KARAMAT HUSSAIN Versus FARAQAT HUSSAIN AND 20 OTHERS Abdur Rashid Abbasi , Ch. Muhammad Riaz Akhtar1988 PCRLJ 2421 · Supreme Court of Azad Jammu and Kashmir · 1988-10-08Read full judgment →
• STATE Versus SHABBIR HUSSAIN1988 PCRLJ 2341 · Supreme Court of Azad Jammu and Kashmir · 1988-03-31Read full judgment →
• DAULAT ALI Versus BARKAT ALI1988 PCRLJ 2337 · Supreme Court of Azad Jammu and Kashmir · 1988-06-14Read full judgment →
• SAEED IQBAL Versus STATE1987 PCRLJ 766 · Supreme Court of Azad Jammu and Kashmir · 1987-01-11Read full judgment →
• MUHAMMAD SULEMAN Versus ZAFAR IQBAL1987 PCRLJ 2332 · Supreme Court of Azad Jammu and Kashmir · 1987-08-12Read full judgment →
• STATE Versus GULAB JAN1987 PCRLJ 1769 · Supreme Court of Azad Jammu and Kashmir · 1987-06-17Read full judgment →
• STATE Versus MUHAMMAD AKRAM1987 PCRLJ 1728 · Supreme Court of Azad Jammu and Kashmir · 1987-06-10Read full judgment →
• MUHAMMAD RASHID Versus STATE1987 PCRLJ 1445 · Supreme Court of Azad Jammu and Kashmir · 1987-02-05Read full judgment →
• MUHAMMAD SARWAR KHAN Versus MUHAMMAD ASHRAF KHAN1987 PCRLJ 1439 · Supreme Court of Azad Jammu and Kashmir · 1987-04-02Read full judgment →