ZULFIQAR ALI Versus State Asif Ali Abdul Razaque Soomro and I.A. Hashimi
This matter arises from a bail application filed by Zulfiqar Ali before the Sindh High Court seeking post-arrest bail in a narcotics-related case. The core legal question concerns whether the applicant is entitled to bail based on a tentative assessment of the prosecution's evidence, specifically the Chemical Examiner's report indicating only traces of Charas. The court held that the applicant made out a case for the grant of bail, particularly given the Chemical Examiner's report showing only traces of the contraband and the length of the applicant's incarceration since arrest. The key principle laid down is that only a tentative assessment of evidence is required during bail hearings without delving into detailed scrutiny, and that bail may be granted when the recovered material shows only traces of narcotics, subject to the prosecution's right to seek bail cancellation if sufficient evidence subsequently emerges at trial.
- Whether tentative assessment of evidence is the proper standard while hearing a bail application?
- Does a Chemical Examiner's report showing only traces of Charas constitute grounds for granting post-arrest bail?
- Can the prosecution apply for cancellation of bail if sufficient evidence subsequently comes on record before the trial court?
ORDER
1. Heard learned counsel appearing for the parties.
2. It is a settled principle of law that while hearing a bail application, only tentative assessment of the evidence collected by the prosecution is to be made, and that detailed scrutiny thereof cannot be entered into.
3. Thus the observations, being recorded hereunder, are tentative and subject to the evidence which may be produced by the prosecution in support of its case in the trial Court.
4. The Chemical Examiner's report was issued on 9th September, 2004, which mentions that examination of the samples of the recovered material received in his office, proved to be containing only "traces of Charas" learned Special Prosecutor appearing for the ANF has .stated at the bar that they are making up their mind to challenge the said report of the Chemical Examiner. Be that as it may, at least for the time being, the applicant appears to have made out a case for grant of bail, moreso for the reason that he has remained in jail since his arrest in this case.
5. Hence, he is hereby admitted to bail with two sureties, each in the sum of Rs.5,00,000 and P.R. bond in the like amount to the satisfaction of the trial Court. As and when sufficient evidence comes on the record of trial Court, the prosecution shall be at liberty to apply for cancellation of bail, before the trial Court, which, if so filed, shall be heard and decided by it without referring to this order.
6. H.B.T./Z-10/K Bail granted.
Cited by 2 cases
- ABDUL AZIZ vs The STATE 2015 MLD 383
- Mst. PHAPHAN alias FATIMA vs THE STATE 2008 YLR 2248