will be subjected to undue hardship as already he has
spent 10 months in detention after his arrest.
4. It is not in dispute__,that the”‘pe.t_i:t.io’ne’i’., was”.
shown as one of the co–accomplice v-;_’ith’i’otiii.ers_’anci he was
committed to face trial oesfsoreyg thes’Sessioris’éiudgyein
No.269/2008. Due to his t.h’e”T,I.”_i’aiAVVsf;’:ourt was
compelled to pass Vo”i°ds’e-rs’s’-.fo~:r”j.s.s4p’li.t”sup.charge and the
present be registered.
No doubt,~t’h.e yet commenced.
But in, Trial Court is required to
do accused is traced and split up
charge by the complainant —- Police
Q.fliicer’s, theV”a=-caused who was subsequently traced should
‘ VibeVdi..recte.d”to face trial in the original proceedings and to
is *ciosehvtiwiegi–.pr1oceedings relating to split charge. If some of
theygwiytnvesses are examined, the accused would get
is is opportunity to call the witnesses for cross examination and
he so desires, then the Trial Court should summon such
witnesses who are examined in his absence for cross
examination, then the Trial Court should proceed with
further stages ‘showing him as accused in his original rank.
rs.
6. With these observations, the petition is
disposed of. However, if trial is not compieted wif:hVin.._:th_ree
months from now, the petitioner can have__.r3i:o’h’t’5t.o~:..see_:k,
bail which is reserved.
Incidentaiiy, it is brought the
No.2 is also in a similar situation ‘hence ‘n.:e’Avv:i;a4n_airso be,’
subjected to the same trial V_a__sfin_ the caseof the present
petitioner.
Pi*
rt. By/hb