The four-member Appellate Division bench, headed by Chief Justice Syed Mahmud Hossain, also asked the HC to dispose of by December 18 the rule issued following a writ petition challenging the legality of the case, said Barrister Jyotirmoy Barua.
On March 14, the High Court stayed for three months the investigation into the case.
Later, the state filed an appeal with the Appellate Division challenging the HC order.
On March 4, Shahidul Alam filed a writ petition with the HC challenging the legality of the case and sought a stay on the trial proceedings of the case.
In the petition, Shahidul said the case was meant to harass him and it violated the photographer's basic rights. Besides, he claimed that the case contains legal errors.
Acclaimed photographer Shahidul was picked up from his Dhanmondi residence by detectives on August 5 last year.
A case was filed against him with Ramna Police Station the following day for 'spreading propaganda' through Facebook during the student movement seeking safe roads.
The High Court granted him bail on November 15 last and he was released from jail on November 20 last.