MUHAMMAD KHALID vs The STATE
This matter concerns a bail application filed before the Sindh High Court. The applicant, through counsel, requested that the application be dismissed as not pressed, provided that the trial court is directed to expedite the proceedings by framing the charge and recording the complainant's evidence within a specific timeframe. The State, represented by the Assistant Prosecutor General, offered no objection to this proposal. The Court, accepting the request, dismissed the bail application as not pressed. It directed the Presiding Officer of the trial court to frame the charge and record the complainant's evidence within thirty working days of receiving the order, explicitly prohibiting unnecessary adjournments. The Court further held that upon the completion of these procedural steps, the applicant is at liberty to file a fresh bail application before the trial court, which shall then be decided in accordance with the law. This judgment reinforces the principle of expeditious trial disposal in criminal matters where the accused seeks relief through procedural timelines rather than immediate adjudication of the bail merits.
- Can a High Court direct a trial court to frame charges and record evidence within a specific timeframe upon the withdrawal of a bail application?
- Is an applicant entitled to file a fresh bail application before a trial court after the conclusion of specific procedural directions issued by the High Court?
1. Urgency disposed of 2to4. At the very outset, learned counsel for the applicant submits that he would be satisfied and shall not press this bail application if the learned trial Court may be directed to frame the charge and record the evidence of complainant within a period of thirty (30) working days and thereafter the applicant may be allowed to file afresh bail application before the trial Court.
Learned A.P.G, who is present in court in some cases, recorded her no objection to the above proposition.
In view of the above, this bail application is dismissed as not pressed. However , Presiding Officer of the trial Court is directed to frame the charge and record the evidence of complainant within a period of thirty (30) working days from receipt of this order and no unnecessary adjournment shall be granted to either side; where-after , the applicant would be at liberty to file afresh bail application before the trial Court on fresh grounds, if he so advised and on filing such bail application, the trial Court shall decide the same as per law .