A Bench of Justices JB Pardiwala and Ujjal Bhuyan observed that the Gujarat High Court while dealing with the bail plea of the accused in the case, should have taken note of the fact that no evidence had been recorded yet by the trial court.
“We fail to understand that if the charge came to be framed way back in November 2022, why the recording of the evidence has not commenced till this date. This question should have been put by the High Court while passing the impugned order. The trial court owes an explanation in this regard. Registry shall call for the explanation from the concerned trial court why the trial has not commenced till this date,” the order passed by the top court on July 1 said.
Source: Barandbench
