JABBAR alias ABDUL JABBAR Versus THE STATE
This matter comes before the Sindh High Court upon an application filed by the applicant, Jabbar alias Abdul Jabbar. The learned advocate for the applicant stated that he would be satisfied if the trial court is directed to frame the charge and record the statement of the complainant on a specific fixed date, 14-3-2005. The core legal question concerns the expeditious progression of trial proceedings and the separation of the applicant's case from absconding co-accused. The court disposed of the application by directing 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 the specified date. Furthermore, the court held that after the recording of the complainant's statement, the applicant is at liberty to file a bail application before the trial court on any available grounds. The key principle laid down is the facilitation of speedy trial mechanisms and procedural directions for expediting pending criminal trials.
- Can the trial court be directed to frame a charge and record the complainant's statement on a specific date?
- Whether the case of an applicant can be separated from absconding co-accused for the purpose of framing charges?
- Can an accused 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.
4. H.B.T./J‑21/K Order accordingly.