Babar Ali vs The State
This matter arises from a criminal bail application filed by the applicant, Babar Ali, before the Sindh High Court. The core legal question concerned whether the applicant was entitled to post-arrest relief or expedited trial proceedings. The court dismissed the bail application as not pressed, pursuant to the statement made by the learned counsel for the applicant. The ratio decidendi established by the court directs the trial court to expedite the recording of evidence of the complainant and the victim within a specified timeframe of thirty working days following the receipt of the order and framing of the charge. The key principle laid down is that where a bail application is not pressed, the court may facilitate speedy trial remedies and grant liberty to the accused to approach the trial court afresh on new grounds once the primary witnesses have been examined.
- Can a criminal bail application be dismissed as not pressed when the applicant seeks expedited trial proceedings instead?
- Whether the trial court can be directed to record the evidence of the complainant and victim within a specific timeframe?
- Is an applicant at liberty to file a fresh bail application on fresh grounds after the recording of material witnesses' evidence?
ORDER
1. After arguing the matter at some length, learned counsel for the applicant submits that he would be satisfied and will not press the instant bail application, if the learned Trial Court is directed to atleast record the evidence of complainant as well as victim within a period of 30 working days after receipt of this order , where-after , applicant may be allowed to file fresh bail application on fresh grounds, if so desired.
2. Learned DPG as well as learned counsel for the complainant raised their no objection to the above proposition.
3. In view of the above, this Criminal Bail Application stands dismissed as not pressed with directions to Presiding Officer of learned Trial Court that after framing of charge at lease record the evidence of complainant as well as victim within a period of 30 working days after receipt of this order . Where-after the applicant would be at liberty to file a fresh bail application on fresh grounds, if any, is so desired and on filing of such bail application learned Trial Court is directed to decide the same strictly in accordance with law and compliance report shall be submitted through Additional Registrar of this Court for perusal.