Summary
The Supreme Court set aside an order directing a fresh trial after the High Court had disturbed the appellant’s acquittal while hearing another person’s bail application, without notice or a hearing to him. The prosecutrix’s separate appeal against acquittal was pending. The matter was remitted for fresh consideration after sufficient opportunity to both sides, with a request for expeditious disposal.
Issues
- Whether the High Court could set aside the appellant’s acquittal and order a fresh trial without affording him a hearing.
Held
- The High Court had set aside the acquittal while considering another person’s bail application without issuing notice or giving the acquitted appellant an opportunity to be heard. That procedural defect justified setting aside its order. (¶ 4–6)
- The prosecutrix’s separate appeal against acquittal was pending before the High Court. Fresh consideration was required after sufficient opportunity to both the appellant and the prosecutrix, expeditiously and in accordance with law. No merits determination of the acquittal followed. (¶ 5–7)
Result
Impugned order set aside; matter remitted to the High Court for fresh consideration after hearing the appellant and prosecutrix. Appeal disposed of.