Remand-The appeal is sent on remand as the judgment in question laid down some unacceptable principles and there has not been a proper disposal of the appeal.
The appeal was disposed of practically in a summary manner without properly considering the entire evidence on record, particularly the evidence of eye-witnesses and upon making a wrong approach based on untenable premises. We are not satisfied with the manner of disposal. State vs Abdul Khaleque 49 DLR (AD) 154.
Remand-The case is remanded to the trial Court so far as it relates to accused respondent Robin with the direction to allow the accused to cross-examine the witnesses, if he so desires and to conclude the trial in accordance with law. The accused respondent Robin be enlarged on bail to the satisfaction of the trial Court till conclusion of the trial. State vs Robin, 66 DLR (AD) 272
Remand of the case for a fresh judgment upon reassessment and evaluation of the evidence on record.
The High Court Division has elaborately discussed the evidence and materials on record. The Appellate Division does not find any illegality or infirmity in the impugned judgement and order remanding the case to the trial court for a fresh judgement upon reassessment and evaluation of the evidence and materials on record. The trial court in reassessing and evaluating the evidence and materials on record will give its independent judgment based upon scrutiny of the evidence and materials and is not to be influenced by any comments or observations of the High Court Division with regard to the evidence discussed. Khilafat Biswas -Vs. Abdul Motin 5 ALR (AD)2015(1) 142
-Retrial-
Considerations in making an order of retrial-Even in cases where retrial may be ordered, the court takes into consideration the aspects of delay, usefulness, harassment to the accused, etc. before passing an order for retrial. Moslehuddin vs State 42 DLR (AD) 160.
-Retrial-It is only in a very rare case that a remand order (not like one as the present case), should be made for writing only a proper judgment. Single Bench of the High Court Division should have disposed of the appeal finally on making its independent findings pursuant to the appraisal of evidence made by it. Moslehuddin vs State 42 DLR (AD) 160.
-Retrial-It was totally inexplicable why lessees should be examined when no case was made out by the prosecution that they were not available at trial for giving evidence and not cited as witnesses in the charge-sheet. It was incumbent upon the Appellate Court below to dispose of the Appeal on the basis of the existing evidence on record. Order of remand for retrial will cause prejudice to the accused-appellants which cannot be allowed. Abdur Rahman Mondal vs State 43 DLR (AD) 16.
Retrial-Criminal proceeding- Pendency of civil case-It was not a good ground to refuse retrial of a criminal case due to pendency of civil suits. Result of a criminal case does not affect a civil suit in which the court is free to come to its own finding independently of the result of a criminal case. Nagendra Chandra Sarker vs Aftabuddin 44 DLR (AD) 355.
Retrial- General rule-As a general rule an order for retrial would be proper where the trial in the original trial Court has been vitiated by illegality, irregularity or otherwise defective or when original trial has been unsatisfactory for any particular reason, etc. Md Moslehuddin vs State 42 DLR (AD) 160.
Remand-The case is remanded to the trial Court so far as it relates to accused respondent Robin with the direction to allow the accused to cross-examine the witnesses, if he so desires and to conclude the trial in accordance with law. The accused respondent Robin be enlarged on bail to the satisfaction of the trial Court till conclusion of the trial. State vs Robin, 66 DLR (AD) 272
Remand-Justice will be met if the case is sent back on remand to the trial court for fresh trial affording sufficient opportunities to the parties to place their respective cases and get the plaint amended if so advised. Monoruddin vs Md Salauddin Sarker, 68 DLR 399
Retrial
In the absence of any positive evidence to show that the alleged signatures on the back side of the disputed cheque are, in fact, the signatures of the accused person, the order of conviction cannot be maintained. Since it is necessary in the interest of justice that the disputed signatures be examined and com- pared by a Hand-Writing Expert with the ad- mitted signatures of the accused person, the case is sent back to the trial Court for retrial according to law after obtaining the opinion of the Hand-Writing Expert. Khadem Ali Akand Vs. The State, 16BLD(HCD)278
Retrial
When it is found that after a full trial that there was a mistrial or trial without jurisdiction, the Court of appeal before directing a fresh trial by an appropriate Court should also see whether such direction should at all be given in the facts and circumstances of a particular case. The prosecution should not be given a chance to fill up its lacuna by bringing new evidence which it did not or could not in the first trial. Asiman BegumVs. The State, 19BLD(AD)119
