2007 PLP 2620 (YLR)
ZULFIQAR ALI — Applicant Versus THE STATE — Respondent
| Citation | 2007 PLP 2620 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Azizullah M. Memon and Syed Sajjad Ali Shah, JJ |
| Parties | ZULFIQAR ALI — Applicant Versus THE STATE — Respondent |
| Primary Law | (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 2620 (YLR)?
This judgment primarily cites: (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 2620 (YLR)?
The case was heard and decided by the Karachi bench comprising: Azizullah M. Memon and Syed Sajjad Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 2620 (YLR) (ZULFIQAR ALI — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 497
While hearing a bail application, only tentative assessment of the evidence collected by the prosecution wets to be made and detailed scrutiny thereof could not be entered into.
S. 497
Control of Narcotic Substances Act (XXV of 1997), S.9
Chemical Examiner's report had mentioned that examination of samples of the recovered material, had proved them to be containing only "traces of charas "
Special Prosecutor appearing for Anti-Narcotic Force had stated at the bar that they were making up their mind to challenge said report of the Chemical Examiner
Accused had remained in jail since long
Accused having made out a case for grant of bail was admitted to bail, in circumstances. Asif Ali Abdul Razaque Soomro and I.A. Hashimi for Applicant. Muhammad Aslam Roshan, Special Prosecutor, A.N.F. Muhammad Ismail Bhutto, State Counsel.
Judgment & Decree
Heard learned counsel appearing for the parties. 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. 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. 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. 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. H.B.T./Z-10/K Bail granted.