IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Misc. Applications No. 457 & 458 of 2020
Criminal Misc. Applications No. 655 & 656 of 2021
ORDER WITH SIGNATURE OF JUDGE.
Present: Mr. Justice Naimatullah Phulpoto
Mr. Justice Shamsuddin Abbasi
Mr. Habib Ahmed Special Prosecutor ANF
Mir Hidayatullah Khan advocate for Respondent (in Cr.M.A.Nos. 455 & 456 of 2020)
M/s Muhammad Sharif Dars and Muhammad Yousuf Narejo advocates for respondent (in Cr.M.A.Nos. 655 & 656 of 2021)
Naimatullah Phulpoto, J.-By this single order, we intend to dispose of the aforesaid Criminal Misc. Applications filed by learned Special Prosecutor ANF against orders passed by learned Judge, Special Court-II (CNS) Karachi dated 02.04.2020 and 26.05.2021, whereby concession of bail was extended to the respondents/accused Muhammad Saleem son of Abdul Shakoor and Muhammad Aslam son of Abdul Razzak.
2. Notices were issued against the respondents/accused.
3. Mr. Habib Ahmed Special Prosecutor ANF mainly contended that findings recorded by the trail Court in the bail orders have caused prejudice to the case of ANF. While elaborating his submissions, he submitted that learned Judge has recorded findings that Xanax tables were not prohibited drugs. It is also argued by Mr. Habib Ahmed that impugned orders are perverse in law.
4. Learned counsel appearing for the respondents/accused contended that respondents/accused have never misused the concession of bail and they have been granted bail by the competent court of law. As regards to the submissions of Habib Ahmed that trial Court deeply examined the substance, which is subject matter in this case, it is suggested by him that observations made by the trial Court may be converted to tentative assessment.
5. We have perused the impugned orders. It
is observed that at the time of grant of bail always tentative assessment of
the material is to be made. Findings of the trial court regarding substance
shall be treated as tentative assessment. Trial court shall not be influenced
by such findings recorded at the time of grant of bail, but case shall be
decided purely on merits.
6. As regards to the cancellation of bail is concerned, admittedly trial court has assigned sound reasons for grant of bail and concession of bail has not been misused by the respondents/accused during trial. It is well settled that once bail has been granted by a competent Court of law strong and exceptional grounds are required for cancelling the same, which are not available in these cases, therefore, these Criminal Misc. Applications are dismissed with observation that findings of the trial court regarding substance shall be treated as tentative assessment and trial Court shall not be influenced of the same and decide the case on its own merits.