IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Misc. Applications
No. 457 & 458 of 2020
Criminal Misc.
Applications No. 655 & 656 of 2021
|
DATE |
ORDER
WITH SIGNATURE OF JUDGE. |
Present: Mr. Justice Naimatullah Phulpoto
Mr. Justice Shamsuddin Abbasi
19.01.2023
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.
JUDGE
JUDGE