High Court Karnataka High Court

Syed Shakeer @ Shakeer S/O Shahjan vs State Of Karnataka on 1 October, 2009

Karnataka High Court
Syed Shakeer @ Shakeer S/O Shahjan vs State Of Karnataka on 1 October, 2009
Author: Jawad Rahim


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