Tentative assessment
Tentative assessment legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Claim of false implication is an issue that cannot be attended without going beyond the barriers of tentative assessment and is an exercise prohibited by law.
Observations made in bail orders are tentative in nature and would not influence the Trial Court while deciding the case of the applicants on merits.
Trial Court may reach its own conclusions after recording evidence in the case.
Findings made in bail order are tentative in nature and the Trial Court needs not be influenced by them in any way.
Observations made in bail orders are only tentative for the purpose of decision on bail application which should not be used to influence the adjudication of the case of any party
Such observations should be kept limited for the sole purpose of bail application.
Observations made in the bail order are based on tentative assessment of material available on record of the case, which should not influence the mind of Trial Court in any manner at the time of trial.
Observations recorded in bail orders are purely tentative in nature and should in no way prejudice an independent mind of Trial Court.
Observations made in bail orders are purely tentative in nature, and should in no way prejudice an independent mind of Trial Court which needed to appraise the evidence strictly in accordance with law and merits of the case.
Observations made in bail orders are tentative in nature and are strictly confined to the disposal of bail petition.
Observations made in the bail order are tentative in nature and would not influence the Trial Court, while deciding the case on merits.
Observations bail orders are tentative and are not intended to exert any influence on the Court's deliberations regarding in the merits of the case against accused.
Observations made in the bail order are tentative assessment of the evidence available on record and have no bearing on the trial of the applicant.
Reasoning given in the bail order is tentative in nature and should have no effect whatsoever in any manner upon merits of the case.
Observations made in the bail order are based on tentative assessment of the material placed on record, which should not influence the trial Court, in any manner, during the trial.
Deeper appreciation of evidence is not permissible at bail stage and only tentative assessment is to be made.
Observations made in bail orders are tentative in nature and should not influence the Trial Court while deciding the case of either party.
Observations made in a bail order are tentative in nature, which should not influence the Trial Court, in any manner, while conducting trial of the case.
Observations made in the bail order are tentative in nature, which should not affect the trial of case in any manner.
Plea of the complainant was that the petitioner/accused was not entitled for post-arrest bail as earlier pre-arrest bail granted to him was recalled/cancelled by the Court and no new ground existed for grant of post arrest bail
Validity
Record revealed that the pre-arrest bail earlier granted to the petitioner/accused by the Trial Court was recalled by the High Court considering the request of the State Counsel that the investigation had not been completed and the petitioner was required for the purpose of investigation
In such view of the matter, while distinguishing the grounds of pre-arrest bail and post-arrest bail, pre-arrest bail granted to the applicant was recalled in view of the case titled Muhammad Ismail v. The State reported as 2022 SCMR 707
Petitioner was arrested and interrogated and now for approximately more than one month he was behind the bars
Trial, had yet not commenced, rather the same (trial) might be protracted as the injured/complainant was still under treatment
Incarceration of the petitioner would not serve any purpose
Prima facie, allegedly one shot was fired at complainant that too at non-vital part
Tentative assessment of the material available on record transpired that ingredient, necessary for murderous attempt on the part of the petitioner, required further probe
Though pointing out the pistol and pressing the trigger manifests the intention but under what circumstances that act was committed would require careful analysis by the Trial Court, and it had to consider whether, it was an intentional act or just spur of the moment sudden reaction to any abusive and derogatory language
Bail was granted, in circumstances.
Observations made in the bail order are tentative in nature, which will not influence the merits of the case at trial.
Observations made in the bail order are tentative in nature, which do not influence the merits of the case at trial.
Observations made in the bail order are tentative in nature, which have no bearings on merits of the case at trial.
Observations made in the bail orders are tentative in nature and have no bearings on merits of the case at trial.
Bail order is based on tentative assessment of the record and it has no bearing on the merits of the case at the trial.
However, it is equally true that bail applications cannot be decided in vacuum and the Court seized of bail matter should apply its judicial mind to the collected evidence brought before it, so as to avoid miscarriage of justice.
Observations made in bail orders are just tentative in nature, strictly confined to the disposal of bail petition and do not have any bearing upon trial of the case.
Court should decide the case in light of the evidence produced during the trial without being prejudiced by these observations.
While deciding bail, only tentative assessment is to be made and deeper appreciation is neither permissible nor desirable.
Observations made in the bail order are tentative in nature based on available material and do not prejudice the case of either party in any manner.
Observations made in bail orders are tentative, as such they have no bearing or influence on the outcome of the trial.
Observations made in the bail order are tentative and have no bearing on the final determination of guilt or innocence by the Trial Court.
Observations made in bail orders are tentative in nature and should not influence the trial Court while deciding the case of the accused petitioner on merits.
Observations made in bail orders are tentative in nature, which should not prejudice the trial of the case.
Observations made in the bail order are tentative in nature, which should not prejudice the trial of the case.
Deeper appreciation of the available record should be avoided and the evidence be analyzed tentatively at bail stage so no prejudice should be caused to either side.
Deeper appreciation of evidence at bail stage is not permissible under the law and only tentative assessment of the material on record is to be made. [Para. 10 of the judgment]
Court seized of a bail matter is to make tentative assessment and deeper appreciation is not warranted but bail applications cannot be heard and decided in a vacuum and the courts of law should apply their judicial mind to the collected evidence, though tentatively, to avoid miscarriage of justice and if the doubt is apparent from the record, its concession should be extended to the accused even at bail stage.
Only tentative assessment of record is required at bail stage and deeper appreciation is not permissible.
In a post-arrest bail only tentative assessment is to be made and deeper appreciation or evaluation of evidence at such stage is neither desirable nor permissible but benefit of doubt can be extended to the accused even at bail stage if the facts of the case so warrant. [Para. 5 of the judgment]
Court, for deciding bail application, has to observe tentatively and deeper appreciation of evidence is not required.
Deeper appreciation of evidence and circumstances appearing in the case is not permitted and only tentative assessment is to be made, however, where accused satisfies the Court that there are reasonable grounds to believe that he is not guilty of such offence, then the Court must release him on bail.
Court while deciding bail application has to assess the record tentatively and deeper appreciation of evidence is not required.
At bail stage, deeper appreciation of evidence and circumstances appearing in the case are not permitted and only tentative assessment is to be made, however, where accused satisfies the Court that there are reasonable grounds to believe that he is not guilty of such offence, then the Court must release him on bail.
Court, for deciding the bail application, has to tentatively assess the record and deeper appreciation of evidence is not required and it will not be fair to go into discussion about the merits of the case.
Court for deciding the bail application has to assess the material tentatively and deeper appreciation of evidence is not required and it will not be fair to go into discussion about the merits of the case at bail stage.
Trial Court will not be influenced by observations made in the bail order while deciding the case of the accused as the observations made are tentative in nature.
Observations made in the bail order were tentative in nature, only for the purpose of deciding bail applications, which would not in any manner influence the Trial Court at the time of final decision of the case.
For deciding the bail application the court has to observe the material in a tentative manner and deeper appreciation of evidence is not required.
Tentative assessment of case is to be made by the Court at bail stage and deeper appreciation of evidence is not permissible.
At bail stage, Deeper appreciation of evidence to be avoided. [Para. 8 of the judgment]
"Tentative assessment", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124960469
Precedents & Case Laws citing "Tentative assessment"
2005 S C M R 1402
ARIF DIN — Petitioner Versus AMIL KHAN and another — Respondents
Court: Supreme Court of Pakistan2018 P Cr
MAZHAR — Petitioner Versus The STATE and another — Respondents
Court: Peshawar (Abbottabad Bench)2011 YLR 2405
BASRAJ BIBI — Petitioner Versus IBRAHEEM /and another — Respondents
Court: PeshawarP L D 2022 Supreme Court 694
MUHAMMAD RAFIQUE — Petitioner Versus The STATE and others — Respondents
Court: High Court2024 Y L R 2084
Murtaza — Applicant Versus The State — Respondent
Court: Balochistan2007 P Cr
QAMAR MUKHTIAR KHAN — Applicant Versus THE STATE — Respondent
Court: Karachi2016 Y L R Note 192
GHULAM RASOOL — Applicant Versus NAWAB alias NABOO and others — Respondents
Court: Sindh (Larkana Bench)2023 P Cr
INAYAT ULLAH — Applicant Versus The STATE — Respondent
Court: Balochistan (Sibi Bench)2021 S C M R 2011
RESHAM KHAN and another — Petitioners Versus The STATE through Prosecutor General Punjab, Lahore and another — Respondents
Court: Supreme Court of Pakistan2008 Y L R 2710
LAZAR — Appellant Versus THE STATE — Respondent
Court: Karachi