Best Law Firm Karachi

Category: Criminal Law

  • Bail Lawyer Karachi Pakistan

    Bail Lawyer in Karachi Pakistan

    “No person shall be deprived of his life or personal liberty except according to the procedure established by Law”. The Criminal Procedure Code talks in details about the bail process and how it is obtained. However, it does not define bail. ‘Bail’ connotes the process of procuring the release of an accused charged with certain offence by ensuring his future attendance in the Court for trial and compelling him to remain within the jurisdiction of the Court.

    Kinds of Bail:
    Generally there are following categories of bail and they are:

    • bail in bailable offences
    • bail in non bailable offences
    • bail as fundamental / constitutional right
    • anticipatory bail
    • Bail Before Arrest
    • Bail After Arrest

    The Code of Criminal Procedure deals with provisions of bail in bailable offences. Under this section, bail is the right of person, who has been accused for commission of offence, which is bailable in nature. This provision casts a mandatory duty on police official as well as on the Court to release the accused on bail if the offence alleged against such person is bailable in nature.

    When a person is accused of, or suspected of, the commission of any non-bailable offence, is arrested or detained without warrant or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but such person shall not be so released, if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life; if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a non-bailable and cognizable offence.

    But the person may be released if he is under the age of sixteen years or is a woman or is sick or infirm. He may be released if it is satisfied that it is just and proper so to do for any other special reason.

    The factors to be borne in mind while considering an application for bail are:

    • whether there is any prima facie or reasonable ground to believe that the accused had committed the offence;
    • nature and gravity of the accusation;
    • severity of the punishment in the event of conviction;
    • danger of the accused absconding or fleeing, if released on bail;
    • character, behaviour, means, position and standing of the accused;
    • likelihood of the offence being repeated;
    • Reasonable apprehension of the witnesses being influenced; and
    • danger, of course, of justice being thwarted by grant of bail.

    ANTICIPATORY BAIL:
    When any person has an apprehension or reason to believe that he may be arrested of an accusation of having committed a non-bailable offence then he may apply to High Court or Court of Sessions for direction that in the event of arrest he shall be released on bail. The said powers are exclusively vested with the Court of Sessions and High Courts. For considering the application for anticipatory bail the prerequisite condition is that:

    • the offence must be non-bailable and cognizable.
    • there must be a sufficient reason to believe that the applicant may be arrested in said accusation.

    Scope and ambit of Anticipatory Bail.

    It is apparent from the Statement of Objects and Reasons for introducing section 498 in the Code of Criminal Procedure that it was felt imperative to evolve a device by which an accused is not compelled to face ignominy and disgrace at the instance of influential people who try to implicate their rivals in false cases.

    It is clear from the Statement of Objects and Reasons that the purpose of incorporating Section 498 in the Cr.P.C. was to recognize the importance of personal liberty and freedom in a free and democratic country. When we carefully analyse this section, the wisdom of the legislature becomes quite evident and clear that the legislature was keen to ensure respect for the personal liberty and also pressed in service the age-old principle that an individual is presumed to be innocent till he is found guilty by the court.

    1. Although the power to release on anticipatory bail can be described as of an “extraordinary” character this would “not justify the conclusion that the power must be exercised in exceptional cases only.” Powers are discretionary to be exercised in light of the circumstances of each case.
    2. Initial order can be passed without notice to the Public Prosecutor. Thereafter, notice must be issued forthwith and question ought to be re- examined after hearing. Such ad interim order must conform to requirements of the section and suitable conditions should be imposed on the applicant.

    The following factors and parameters has emerged into larger consideration while dealing with the anticipatory bail:

    1. The nature and gravity of the accusation and the exact role of the accused must be properly comprehended before arrest is made;
    2. The antecedents of the applicant including the fact as to whether the accused has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence;
    3. the possibility of the applicant to flee from justice;
    4. The possibility of the accused’s likelihood to repeat similar or the other offences.
    5. Where the accusations have been made only with the object of injuring or humiliating the applicant by arresting him or her.
    6. Impact of grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people.
    7. The courts must evaluate the entire available material against the accused very carefully. The court must also clearly comprehend the exact role of the accused in the case.
    8. While considering the prayer for grant of anticipatory bail, a balance has to be struck between two factors namely, no prejudice should be caused to the free, fair and full investigation and there should be prevention of harassment, humiliation and unjustified detention of the accused;
    9. The court to consider reasonable apprehension of tampering of the witness or apprehension of threat to the complainant;
    10. Frivolity in prosecution should always be considered and it is only the element of genuineness that shall have to be considered in the matter of grant of bail and in the event of there being some doubt as to the genuineness of the prosecution, in the normal course of events, the accused is entitled to an order of bail.

    Contact Us

    Contact us or For more information and articles relating to Pakistani Laws, you may visit our blog

    Irfan Mir Halepota & Associates

    Karachi Office

    Office # E-26, Executive Floor,
    Glass Tower,
    Khayaban-e-Iqbal (Clifton Road),
    Teen Talwar, Clifton,
    Karachi, Sindh,
    Pakistan.


    Mobile Phone No. +92-321-2057582
    Mobile Phone No. +92-300-8233580

    Email: [email protected]
    Website: https://www.irfanlaw.com

    You can Contact Us for detailed consultation.

    Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

    Telephone: 0321-2057582

    Regular Website:  https://www.irfanlaw.com

  • Criminal Bail Lawyers Karachi

    Best Criminal Bail Lawyers Karachi

    After Arrest Bail Lawyer in Karachi

    After Arrest Bail Lawyer in Karachi Near Me

    Why Hire a Bail Lawyer

    Choosing the Best Bail Lawyer

    How Bail Lawyers Help

    Understanding Bail Laws

    After Arrest Bail Advocate in Karachi

    If you are facing criminal charges, selecting the appropriate attorney is paramount to ensuring fair procedures and protecting your rights. Our guide of Karachi’s best criminal law services can assist you in finding a specialized legal advocate to represent your cause.

    Best After Arrest Bail Lawyer in Karachi Pakistan

    Post-arrest bail

    Cancellation of bail

    Bail is an extension of freedom granted to an accused person prior to trial in their case, and can be cancelled if they violate its conditions. Different courts set different criteria for granting and revoking bail; such criteria could include factors like nature of offense, past antecedents and current conduct as well as whether or not cooperating with investigations and any related factors.

    Tentative assessment of material on record

    As part of its decision on bail applications, the Court carefully considers numerous aspects. They evaluate both the nature and severity of accusations as well as evidence. They assess past conduct by an accused as well as ability to face charges; in certain instances pre-arrest bail may not be granted for certain offenses such as drug trafficking or murder.

    Courts also examine the extent of harm done by criminal activity, which may include damage to health, property and reputation of victims as a result. Evidence against accuseds such as eyewitness testimony or medico-legal certificates must also be reviewed as there must be reasonable grounds to suspect they have committed the offence in question.

    Severe crimes such as gang rape or Zina Ordinance violations stand a higher chance of being overturned, Detention as do financial frauds or use of lethal weapons. Furthermore, the Court will carefully assess whether there was a valid complaint filed and any indications that there might be malicious intentions on part of the complainant.

    The areas of Criminal services we have been effectively providing our clients with over the years include:

    • Criminal Trials
    • Criminal Revisions before Appellate, High Court, Supreme Court.
    • Bail Appeals
    • Bail Before Arrest
    • Criminals Private Complaints
    • Interim custody of case property/suppurdginama
    • Banking Crimes
    • Criminal offenses in Banks before Banking offenses Courts.

    Contact Us

    Contact us or For more information and articles relating to Pakistani Laws, you may visit our blog

    Irfan Mir Halepota & Associates

    Karachi Office

    Office # E-26, Executive Floor,
    Glass Tower,
    Khayaban-e-Iqbal (Clifton Road),
    Teen Talwar, Clifton,
    Karachi, Sindh,
    Pakistan.


    Mobile Phone No. +92-321-2057582
    Mobile Phone No. +92-300-8233580

    Email: [email protected]
    Website: https://www.irfanlaw.com

    You can Contact Us for detailed consultation.

    Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

    Telephone: 0321-2057582

    Regular Website:  https://www.irfanlaw.com

  • International Trade

    We are one of a handful of law firms offering legal and policy advice on matters relating to the WTO. Our firm deals with issues concerning Anti-Dumping investigations, accounting compliance, Rules of Origin as well as focusing on general international trade issues, including the sale of goods, transport, payment, insurance, alternative dispute resolution procedures, and other associated aviation and maritime law issues.

    Our firm has given various presentations for the Ministry of Commerce (WTO Wing) to create awareness on practical issues effecting stakeholders due to WTO compliance. We also work closely with UNCTAD and the International Chamber of Commerce Pakistan in formulating and advocating regulatory compliance with the WTOs various agreements including TRIPS, SPS, GATS, TRIMS, etc.

    Our Services

    § WTO related transactions and policy advice on compliance with issues concerning Rules of Origin, Anti-Dumping, IPR, and Textiles Export.

    § – Carriage of Goods by Air, Sea, Land

    § – International Transport & Trade

    § – International Sale of Goods & Services

    § – International Project Finance & Joint Ventures

    § – Export and Import Credit Insurance and Guarantees

    § – Commodity Contracts

    § – Electronic Commerce

    § – International Finance

    § – Admiralty & Maritime Law

    § – Admiralty Practice and Procedure

    § – Marine Insurance

    § – Insurance & Reinsurance – Oil Pollution

    § – Port State Control

    § – Salvage

    § – Alternative Dispute Resolution

    § – International Arbitration

    § – International Enforcement of Intellectual Property

    § – Issues relating to the General Agreement on Trade in Services

    § – Matters relating to Trade-related Aspects of Intellectual Property Rights.

    Contact Us

    Contact us or For more information and articles relating to Pakistani Laws, you may visit our blog

    Irfan Mir Halepota & Associates

    Karachi Office

    Office # E-26, Executive Floor,
    Glass Tower,
    Khayaban-e-Iqbal (Clifton Road),
    Teen Talwar, Clifton,
    Karachi, Sindh,
    Pakistan.


    Mobile Phone No. +92-321-2057582
    Mobile Phone No. +92-300-8233580

    Email: [email protected]
    Website: https://www.irfanlaw.com

    You can Contact Us for detailed consultation.

    Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

    Telephone: 0321-2057582

    Regular Website:  https://www.irfanlaw.com

  • Legal action against Viral Videos in Pakistan

    Viral videos can sometimes raise legal concerns as same are broadcast against the will of the persons. In Pakistan, viral videos legal action can be taken against those who share such content. Here are some possible legal actions that can be taken as per Pakistani laws against those viral videos:

    Copyright Infringement

    • If a video uses copyrighted material (music, footage, etc.) without permission, the copyright owner can take legal action.
    • Damages can be claimed, and the video may be removed from platforms.

    Defamation

    • If a video makes false and damaging statements about someone, they can sue for defamation.
    • The person or entity responsible for the video can be held liable for damages.

    Invasion of Privacy

    • If a video invades someone’s privacy (e.g., filming them without consent), they can take legal action.
    • Apart from penal action a suit for for damages can be claimed for emotional distress and other harm.

    Harassment or Bullying

    • If a video harasses or bullies someone, they can report it to authorities or take legal action.
    • Authorities can direct the Platforms to remove such content.

    Trademark Infringement

    • If a video uses someone’s trademark (logo, slogan, etc.) without permission, the trademark owner can take legal action.
    • Damages can be claimed, and the video may be removed from platforms.

    Platform Specific Policies

    • Each social media platform has its own set of community guidelines and terms of service.
    • Violating these policies can result in account suspension, content removal, or other penalties.

    Reporting Viral Videos

    • If you come across a viral video that raises legal concerns, you can report it to:
      • The platform where it’s hosted (e.g., YouTube, Facebook, Tiktok)
      • Authorities (e.g., police, cybercrime units)
      • The person or entity responsible for the video

    Seeking Legal Advice

    • If you’re involved in a viral video controversy or have concerns about a specific video, consult with out team of qualified lawyers.
    • We can provide guidance on your rights, options, and potential legal actions to be taken against the wrong doer.

    We are offering free legal services and guidance to prominent Tiktok star and social media star like Hareem Shah, Minahil Malik, Esha Rana, Isha Rana, Soomal Mohsin, Emsha Rehman, Imsha Rehman, whose videos have gone viral.

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  • The Illegal dispossession Act, 2005

    The Illegal dispossession Act, 2005

    An Act to cure the activities of the property grabbers
    WHEREAS it is obedient to protect the lawful owners and occupiers of immovable properties from their illegal or forcible dispossession therefrom by the property grabbers;

    It is hereby enacted as follows:-
    1. Short title, extent and commencement.—(1) This Act may be called the illegal Dispossession Act, 2005

    (2) It extends to the whole of Pakistan.
    (3) It shall come into force at once.

    2. Definitions.— In this Act, unless there is anything repugnant in the subject or context:-
    (a) “Court” means the court of Session;
    (b) “Code” Means the Code of Criminal Procedure, 1898 (Act V of 1898)
    (c) “Occupier” means the person who is in lawful possession of a property;
    (d) “Owner” means the person actually owns the property at the time of his dispossession, otherwise than through a process of law, and
    (e) “Property” means immovable property.

    3. Prevention of illegal possession of property, etc.—(1) No one shall enter into or upon any property to dispossess, grab, control of occupy it without having any lawful authority to do so with the intention to dispossess, grab, control or occupy the property from owner or occupier of such property.
    (2) Whoever contravenes the provisions of the sub-section (1) shall, without prejudice to any punishment to which he may be liable under any other law for the time being in force, be punishable with imprisonment which may extend to ten years and with fine and the victim of the offence shall also be compensated in accordance with the provisions of section 544 of the Code.

    4. Cognizance of offence.— (1) Notwithstanding anything contained in the Code or any law for the time being in force, the contravention of section 3 shall be triable by the Court of Session on a complaint.
    (2) The offence under this Act shall be non-cognizable.
    (3) The Court at any stage of the proceedings may direct the police to arrest the accused.

    5. Investigation and procedure.—Upon a complaint the Court may direct the officer-in-charge of a police station to investigate and complete the investigation and forward the same within fifteen days to the Court.
    Provided that Court may extend the time within which such report is to be forwarded in case where good reasons are shown for not doing so within the time specified in this sub-section.
    (2) On taking cognizable of a case, the Court shall proceed with the trial from day to day and shall decide the case within sixty days and for any delay sufficient reasons shall be recorded.
    (3) The Court shall not adjourn the trial for any purpose unless such adjournment is in its opinion, necessary in the interest of justice and no adjournment shall in any case be granted for more than seven days.

    6. Power to attach property.—(1) If the Court is satisfied that none of the persons are in possession immediately before the commission of the offence; the Court may attach the property until final decision of the case.
    (2) In case of attachment, the methods of its management safeguard against natural decay or derioration shall be determined by the Court.

    7. Eviction and mode of recovery as an interim relief.—(1) If during trail the Court is satisfied that a person is found prima facie to be not in lawful possession, the Court shall as an interim relief direct him to put the power or occupier as the case may be, in possession.
    (2) Where the person against whom any such order is passed under sub-section (1) fails to comply with the same, the Court shall, notwithstanding any other law for the time being in force, take such steps and pass such order as may be necessary to put owner or occupier in possession.
    (3) The Court may authorize any official or officer to take possession for securing compliance with it orders under sub-section (1). The person so authorized may use or cause to be used such force as may be necessary.
    (4) If any person, authorized by the Court, under sub-section (3) requires police assistance in the exercise of his power under this Act, he may send a requisition to the officer-in-charge of a police station who shall on such requisition render such assistance as may be required.
    (5) The failure of the officer-in-charge of police station to render assistance under sub-section (4 shall amount to misconduct for which the court may direct departmental action against him.

    8. Delivery of possession of property to owner, etc.— (1) On conclusion of trail, if the Court finds that an owner or occupier of the property was illegally dispossessed or property was grabbed in contravention of section 3, the Court may, at any time of passing order under sub-section (2) of that section direct the accused or any person claiming through him for restoration of the possession of the property to the owner or , as the case may be, the occupier, if not already restored to him under section 7.
    (2) For the purpose of subsection (1), the Court may, where it is required, direct the officer-in-charge of the police station for such assistance as may be required for restoration of the possession of the property to the owner or as the case may be, the occupier.

    9. Application of Code.— Unless otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1898 (v of 1898), shall apply to proceedings under this Act.

    For more information please visit our website

    Website Home page:  https://www.irfanlaw.com

    Irfan Mir Halepota, Advocate Supreme Court of Pakistan

  • Law relating to dishonour of Cheque

    Definition of “dishonoured cheque”, which when presented in the Bank same is refused of payment by the bank because of insufficient funds or it is not in order, it is called dishonestly issuing a cheque is a criminal offence in Pakistan. The law on dishonour of cheque in Karachi is particularly strict. Understanding the law on dishonour of cheque in Karachi is crucial for anyone facing such issues, especially if you are navigating the law dishonour cheque Karachi under the laws and regulations of Pakistan.

    Dishonestly issuing a cheque is governed by section 489-F of the Pakistan Penal Code, 1860. The said section reads as follows:

    489-F Dishonestly issuing a cheque: Whoever dishonestly issues a cheque towards re-payment of a loan or fulfillment of an obligation which is dishonoured on presentation shall be punishable with imprisonment which may extend to three years and with fine unless he can establish, for which the burden of proof shall rest on him, that he had made arrangements with his bank to ensure that the cheque would be honoured and that the bank was at fault in not honouring the cheque. This section highlights the serious nature of complying with the law dishonour cheque Karachi.

    The offence under this section is cognizable by police, non-bailable and compoundable.

    Please note each case has to be seen on its own facts and circumstances, especially under the law dishonour cheque Karachi context.

    Our Team is well trained in dealing with the law regarding dishonour of cheques in Karachi. We provide advice on cheque bouncing, recovery of debt, recovery of money, legal notice for cheque dishonor, lodging of First Information Report (F.I.R.) and other related matters to individual persons, firms, companies & Corporations both local and foreign. You can contact us for detailed consultancy and advice for issues related to the law dishonour cheque Karachi.

    Contact

    Contact us to contact the best lawyer in Karachi, Pakistan. For more information and articles relating to Pakistani Laws, you may visit our blog for guidance on how to contact the team of best lawyer in Karachi, Pakistan to resolve your legal issues. Make sure to contact a lawyer in Karachi if you need legal assistance regarding the law on dishonour cheques. It is especially important to understand the specific law dishonour cheque Karachi.

    Irfan Mir Halepota & Associates can help if you need to contact the best lawyer in Karachi, Pakistan. They also welcome you to contact their office for more information regarding your legal concerns with respect to the law dishonour cheque Karachi.

    Karachi Office

    Office # E-26, Executive Floor,
    Glass Tower,
    Khayaban-e-Iqbal (Clifton Road),
    Teen Talwar, Clifton,
    Karachi, Sindh,
    Pakistan.


    Mobile Phone No. +92-321-2057582
    Mobile Phone No. +92-300-8233580

    Email: [email protected]
    Website: https://www.irfanlaw.com

    You can Contact Us for detailed consultation with a lawyer in Karachi, Pakistan. It is crucial that you contact a lawyer if you need legal help regarding the law on dishonour cheques in Karachi, ensuring you are well-informed about the law dishonour cheque Karachi.

    Irfan Mir Halepota, Advocate Supreme Court of Pakistan. For assistance, contact a lawyer in Karachi, Pakistan, without any delay to handle your case effectively.

    Telephone: 0321-2057582

    Regular Website:  https://www.irfanlaw.com. When you need to contact someone, the website provides full details for getting in touch with a qualified lawyer in Karachi, Pakistan, especially useful when dealing with the specific law dishonour cheque Karachi details.