Tentative assessment of evidence

2025 YLR 1805 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 497Penal Code (XLV of 1860), Ss. 406, 409, 420, 468, 471 & 109Prevention of Corruption Act (II of 1947), S. 5(2)Criminal breach of trust, cheating, using forged documents and misconductBail, grant ofCase not falling in prohibitory clauseTentative assessment of evidenceBenefit of doubt

Accused persons sought their bail after arrest on the plea that offences were not covered under prohibitory clause of S. 497, Cr.P.C.

Validity

Court cannot go beyond the facts of the case and has to restrict itself to the material placed by prosecution

For the purpose of disposal of bail application tentative assessment is to be made and no deeper appreciation is allowed

In cases where reasonable doubt arises with regard to implication of accused in a crime he should not be deprived of such benefit even at bail stage

Case did not fall in prohibitory clause of S.497(1) Cr.P.C. nor the authorities could show any such circumstance or conduct of accused persons that would bring their case under exception to the rule of granting bail in such offences

Guilt of accused persons was yet to be determined at trial

Investigation was completed and interim challan was submitted

There was no indication that accused persons would either interfere in investigation or tamper with evidence

No useful purpose would be served by keeping accused persons in jail

Bail was allowed, in circumstances.

2024 YLR 2084 QUETTA-HIGH-COURT-BALOCHISTAN Judicial Precedent

S. 497Penal Code (XLV of 1860), S. 324Attempt to commit qatl-i-amdPost-arrest bail, grant ofBail stageTentative assessment of evidence

Trial Court while dismissing the post-arrest bail of the petitioner/accused had not considered the attending circumstances of the case and had used such language which amounted to final verdict against him

Courts at bail stage should always resort to tentative assessment, otherwise trial would become exercise in futility

Bail was granted, in circumstances.

2023 YLRN 75 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 497BailTentative assessment of evidenceScope

Deeper appreciation of evidence could not be gone into at bail stage but a bird eye view was to be taken of available record before the court to satisfy, prima facie, whether the accused was connected with the commission of offence or not.

2022 MLD 496 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S.497BailTentative assessment of evidenceScope

While deciding bail applications, deeper appreciation of evidence was not warranted and only bird's eye view was to be made from tentative assessment of the material available on record.

2022 YLRN 159 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 9(b)Constitution of Pakistan, Art.199Pre-arrest bail, grant ofTentative assessment of evidenceKick backOpen chequeScopePayment of amount through chequeProof

Petitioner was a contractor and he was alleged to have given amount to principal accused by issuing a bank cheque as kick back and commission

Plea raised by accused was that he had given a cheque as payment of material supplied to him leaving the name placed as blank

Plea raised by authorities was that the amount was given as kick back

At bail stage only tentative assessment was to be made and it was still to be determined at the time of trial whether the cheque was given by accused for payment of material supplied to him or it was kick back

Case against accused was one of further inquiry

Pre-arrest bail was confirmed, in circumstances.

2022 YLRN 35 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 9(a)(iv)(vi) & 9(b)Constitution of Pakistan, Art. 199Constitutional petitionBail, grant ofCase of further inquiryTentative assessment of evidencePetitioners were accused of selling charitable trust property (donated to a society) causing loss to national exchequerPlea raised by petitioners was that they had left the donee Society before the incident took placeValidityPetitioners had already left the society and thereafter had no connection with affairs of society anymore

Prima facie, there was no charge against the petitioners of converting any amenity area into commercial one and selling same for their own benefit either

Role of their being in connivance with other accused alleged against them could be determined by Trial Court after recording evidence

Case of petitioners, on tentative assessment of material by High Court appeared to be one of further inquiry and petitioners had made out a case for bail

Bail was granted, in circumstances.

2021 YLR 188 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 9(a)(iii)(iv)(ix) & 9(xii)Criminal Procedure Code (V of 1898), Ss. 426 & 497Constitution of Pakistan, Art.199Constitutional petitionSuspension of sentenceTentative assessment of evidence

Accused persons were alleged to have misappropriated an amount of Rs.30.747 million and had caused loss to government exchequer

Trial Court convicted accused persons for having illegal gains, misuse of authority, criminal breach of trust and abetment and were sentenced to imprisonment for five years along with fine

Accused sought suspension of sentence

Validity

Power of appellate Court under S.426(1) Cr.P.C. was not limited and the Court could during pendency of an appeal, suspend sentence of a convict in an appropriate case in its discretion for good and sufficient reasons

Such power of suspension of sentence and grant of bail was not wider than that under S.497, Cr.P.C. and unless it was shown that conviction was based on no evidence or was based on inadmissible evidence and was not ultimately sustainable

Grant of bail under S. 426(1), Cr.P.C. with the consideration of ascertaining question of guilt or innocence on merits through appraisal of evidence was not justified

Bail either under S. 497, Cr.P.C. or 426(1), Cr.P.C. could be allowed only on the basis of tentative assessment of evidence

Accused persons remained on bail during trial and they were taken into custody when judgment was announced, who had not completed substantial period of their conviction

High Court declined to suspend sentences of accused persons during pendency of their appeal as prima facie evidence was against them

Petition was dismissed, in circumstances.

2020 YLR 1571 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 497BailTentative assessment of evidenceScope

Deeper appreciation of evidence cannot be undertaken at bail stage, but bail petition cannot be decided in vacuum and tentative assessment of evidence/ documents is permissible.

2020 CLD 1434 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 497BailTentative assessment of evidenceScope

While deciding bail applications, deeper appreciation of evidence was not warranted and only bird's eye view was to be made from tentative assessment of the material available on record.

2014 MLD 1471 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 497BailTentative assessment of evidenceHypothetical question

Bail could not be granted to an accused on any hypothetical question.

2013 PLD 120 PESHAWAR-HIGH-COURT Judicial Precedent

S. 497BailTentative assessment of evidenceScope

Although at bail stage deep scrutiny of evidence was not permissible but at the same time court of law was not precluded from tentatively perusing evidence of eye-witnesses, recovery witnesses, medical reports, cross version and other connecting evidence, and the plea of defence, if any, to form a tentative opinion as to whether accused was prima facie connected with the commission of the offence or not.