JABBAR alias ABDUL JABBAR vs THE STATE
This matter comes before the High Court upon an application filed by the applicant seeking expeditious proceedings in a criminal case. The core legal question concerns the procedural direction for framing a charge and recording the statement of the complainant without unnecessary delay where co-accused persons are absconding. The court decided to dispose of the application with specific directions issued to the trial court to frame the charge against the applicant by separating his case from any absconding co-accused and to record the statement of the complainant on a fixed date. The key principle laid down is that trial courts may expedite proceedings and facilitate the pursuit of remedies such as post-arrest bail by separating the trials of available accused from absconding co-accused and ensuring timely recording of essential witness statements.
- Can the trial court frame a charge against an applicant by separating his case from absconding co-accused?
- Whether the trial court can be directed to record the statement of the complainant on a fixed date?
- Is an applicant permitted to file a bail application before the trial court after the recording of the complainant's statement?
ORDER
1. ' Learned Advocate for the applicant has stated that he will be satisfied if the trial Court is directed to frame the charge and record the statement of complainant on 14-3-2005 when the case is fixed on that date.
2. ' In view of above position, the trial Court is directed to frame the charge against the present applicant by separating his case from other co-accused person, if they are absconders and then record the statement of complainant on that date who is being directed to appear before the Court on the date of hearing viz. 14-3-2005. The compliance report be submitted to this Court.
3. ' After recording of the statement of complainant, the applicant may file the bail application before the trial Court on the grounds whatsoever available to him The complainant is directed to appear before the trial Court on 14-3-2005 for recording his statement. The application is disposed of.