Entire CD necessary for adjudication of criminal appeals: HC

High Court today directed the Government to ensure availability of the entire case diary (CD) of criminal appeals with bail application filed by the accused for grant of bail.
The Division Bench of Justice Atul Sreedharan and Justice Moksha Kazmi ordered this in a criminal appeal filed by one Muzaffar Ahmad Malik through his counsel Omais Kawoosa challenging the rejection of bail order by the court below in offences of unlawful activities and is seeking bail from the High Court.
The DB asked the counsel for the appellant-Malik while hearing his criminal appeal to file the copy of the witness statements alongwith all such other material that he proposes to rely upon during the course of arguments.
“In these appeals, it is seen that the case diary which is essential for early disposal of these appeals which are in the form of bail applications are not produced before this Court and, therefore, there is a delay in deciding such appeals”, the DB said.
Court as such deemed it essential to pass a formal order on the judicial side that whenever a criminal appeal in the nature of a bail application is filed by the accused upon the dismissal of his bail application by the trial court.
Court also said if the appeal is filed by the State challenging the order whereby the accused is bailed out by the court below, the government shall ensure the availability of the entire case diary on the first date of hearing itself in order to facilitate expeditious disposal of the appeal.